Owner held Liable in Court for Deck Collapse
In 2009, John Nikic bought a four-unit apartment building in the Town of Fallsburg in Sullivan County for $20,000. The following year, in 2010, he transferred the ownership to Yugo J & V, LLC. In March of 2014 Walberto Zapatta and Joann Zapata visited a friend who lived in one of the building's units. While on a second-floor deck of the property, the deck collapsed and both Mr. and Ms. Zapata fell approximately fifteen feet to the ground. Mr. and Ms. Zapata thereafter commenced this negligence action against Yugo J & V, LLC and John Nikic to recover damages for their injuries.
The Lawsuit
The jury trial commenced in 2018. During the trial, Plaintiffs presented medical evidence before the jury. Walberto Zapata testified through his records that he suffered multiple spine fractures. He had a bulging disc, and his spine was ruptured and deformed. For several months he was equipped with a rigid plastic body bag that restricted his mobility. He then continued with physical treatment until September of 2015, but continued to have back problems. Mr. Zapata further testified that he still encountered difficulties with bending, lifting, and twisting. He was unable to walk long distances, experienced sleep disturbances, and had to modify his work and home tasks. He still endured daily pain, pressure, and discomfort in his back. Joanne Zapata testified to having significant injuries, comprising fractures of her thigh, hip, and knee. She was airlifted to a hospital, where she underwent a 10 to 12-hour operation to implant two rods in her leg and repair her knee. She required approximately 200 staples to heal the wound, resulting in lifelong scars. Following the procedure, she remained in the hospital for three weeks prior to her transfer to a rehabilitation facility. She further testified that her leg was immobilized, and she utilized a wheelchair for six months. She required regular nursing care and consistent physical therapy for approximately four months. She stated that her injuries resulted in severe discomfort, rendering her unable to work, travel, cycle, or care for her grandkids as she formerly did. She now required a cane or brace for ambulation.
Mr. Nikic testified that the deck had been under the care and control of Yugo J & V, LLC since 2010, when it acquired title to the property and he was the sole person responsible for the maintenance and inspection. He stated that he continuously checked it between 2009, when he first purchased it, through the time of the accident but never performed any maintenance on the deck area of the building. Based on the above, the jury held that Mr. Nikic and Yugo J & V, LLC were under the exclusive control of the deck and were negligent in not maintaining it. On August 1, 2018, the jury awarded Mr. Zapata $100,000 for past pain and suffering, $150,000 for future pain and suffering over a period of 25 years, $123,000 for medical expenses and $25,000 for loss of companionship and intimacy. Ms. Zapata was offered $200,000 for past pain and suffering, $200,000 for future pain and suffering over a period of 25 years, $288,000 for medical expenses and $50,000 for loss of companionship and intimacy. Defendants appealed the liability judgment for being against the weight of evidence, and damages for being excessive.
The Appeal
In Zapata v. Yugo J &, LLC, the Appellate Court upheld that Mr. Nikic and Yugo J & V, LLC were under the exclusive control of the deck and were negligent in failing to maintain the deck part which collapsed. Appellate Court held that the evidence presented was adequate and the jury did not err with their judgment. The Appellate Court further held that Plaintiffs only used the deck to enter and exit the second-floor apartment and nothing in evidence suggests that Plaintiffs were negligent or contributed to the collapse of deck in any manner. The Appellate Court also reviewed similar cases and on May 7, 2020, held that considering the seriousness and permanency of Plaintiffs’ injuries the jury’s award on damages was appropriate and upheld the same.
Sternberg Injury Law Firm
If you or someone you know has been hurt in an accident caused by building maintenance issues, Sternberg Injury Law Firm is ready to assist. We offer free consultations to assess your situation and provide professional advice. Our team is dedicated to obtaining the maximum compensation for your injury, and our attorneys are highly knowledgeable in personal injury law, fighting vigorously to protect your rights. By choosing us, you'll receive a detailed evaluation of your case, a discussion of your options, and a clear explanation of how we can help. We serve clients throughout New York, including locations such as Bushwick, Roslyn, and Middle Village. Reach out to us today via email, text, or our online form, and take the first step towards the justice you deserve.