Slip and Fall Case goes to Trial to Determine who is at Fault
On November 15, 2016, Mr. Derek Earle was exiting from the rear door of a New York City Bus. This bus was owned and operated by the New York City Transit Authority (NYCTA). He wanted to get down near 155-15 Jamaica Avenue in Queens. Mr. Earle claimed that when he exited the bus he slipped and fell. He fractured his ankle and incurred a ligament tear in his knee. Mr. Earle underwent a surgery to treat the ligament tear in his knee and was required to wear a cast. The City of New York maintained the sidewalk and bus stop, New York City Transit Authority (NYCTA) owned and operated the bus involved in the accident as well as maintained the bus stop, and Grace Episcopal Church owned the premises located adjacent to the subject sidewalk. On November 13, 2017, Mr. Derek Earle filed a lawsuit against New York City, New York City Transit Authority, and Grace Episcopal Church. Defendants filed a motion for summary judgement and dismissal of Mr. Earle’s complaint.
The Lawsuit
Mr. Earle contended that NYCTA was negligent in cleaning the rear exit of the bus and due to water on the surface he slipped. NYCTA on the other hand presented their entitlement for summary judgement based on Local Climatological Data report for the date of the accident. NYCTA contended that the water on the exit steps was not left due to their negligence but because of the continuous rains and entry and exit of people on the bus. They further emphasized that Mr. Earle testified that he never reported the wet steps to the bus reporter and neither did he see water leaking from the roof of the bus.
Mr. Earle also contended that NYCTA was also negligent in stopping the bus near a damaged sidewalk which further led to Mr. Earle tripping and injuring his knee. He testified the sidewalk was cracked and produced pictures of the sidewalk in evidence. However, there was no clarity whether he tripped on the bus stairs, street, or the sidewalk. On September 16, 2019, the Queens Supreme Court denied Defendants’ motion for summary judgment. The court rules that summary judgment is only granted when the facts and evidence show that one side has clearly proven their case, and the court can decide the issue without a trial. According to the Court, in this case Mr. Earle presented a triable issue of facts regarding whether or not the Defendants provided Mr. Earle a safe location to exit. According to the Court, the Defendants also did not resolve key factual disputes about whether Mr. Earle’s accident occurred on the street or the sidewalk near its property and if the Church was responsible for maintaining it. This left credibility issues that must be decided at trial. Defendants appealed.
The Appeal
The Appellate Court, in Earle vs. City of New York upheld the decision of the Queens County Supreme Court on a review of similar cases. The Appellate Court also added that under the New York City Administrative Code § 7-210, responsibility for sidewalk-related injuries lie with the property owner next to the sidewalk. However, key factual disputes about where the accident occurred or who was responsible for maintaining that area remained pending, which necessitated a trial. Appellate Court stated that discrepancies such as whether Mr. Earle fell on the street, or the sidewalk near the Church, or if the bus provided him a safe exit, were some issues that must be resolved at trial. Based on this the Appellate Court also rejected Defendants’ motion for summary judgment. Currently, the matter is under trial and we remain committed to keeping you informed as the case progresses. We will provide another update as soon as there is significant progress to share.
Sternberg Injury Law Firm
Founded in 2016, Sternberg Injury Law Firm focuses on resolving personal injury cases, including slip and fall accidents. We are equipped to handle such cases across New York City metropolitan area, including locations such as Cedarhurst, Kings Park, and Gravesend, and provide free consultations to anyone injured. Our skilled attorneys will meticulously assess your case and determine how we can best support you. Committed to securing maximum compensation, we aim to let you focus on your recovery if you choose to work with us. To start the process, please reach out today through our website, email, or phone.