Who Is to Blame for Trip And Fall Near Downed Fence
Ms. Phyllis Streit sustained a shoulder injury on June 27, 2018, while walking to work from her apartment complex in Lake Katrine, Ulster County, New York. Phyliss tripped over partially obstructed chicken wire that was connected to a downed fence) situated between her apartment complex and Grant Avenue. Her foot became entangled in chicken wire, which was covered with detritus that was entangled in the fence, resulting in her falling.
The Lawsuit
Ms. Streit suffered a severe fracture between her upper arm, elbow and shoulder necessitating an open fixation surgery fixed with ten screws. Her dominant arm was also injured in a reverse shoulder arthroplasty, resulting in ongoing and permanent discomfort, significant limitations in range of motion, and extensive limitations in many aspects of daily life. To relieve the pain and discomfort, Ms. Streit had to undergo another surgery in November 2020. As a result of her injuries, Ms. Streit was also out of work. She sued the apartment complex owner, Katrine Apartments Associates Inc. claiming that the premises was unreasonably dangerous and they owed a duty to care towards residents and visitors.
Defendant, Katrine Apartments Associates claimed that it is not the proprietor of the fence and has never maintained it, and hence it owes no duty of care to Ms. Streit. Defendant submitted the deposition and affidavit of its 30-year maintenance manager who asserts that he had observed the neighboring landowner, Edgewater, maintain the fence, but that no one on behalf of the Defendant has ever worked on it, mowed underneath it, or landscaped along it. He claimed to have corroborated this claim by searching office maintenance files. Plaintiff, Ms. Streit on the other hand, continued to contend that Defendant owed her a duty to care as she was passing through the area of land that it owns. In this regard, she also cited correspondence between the Defendant's property managers and the Town about the property limits of the Defendant in relation to the fence that surrounds it.
The Verdict
Following a trial, the jury found that Defendant, Katrine Apartments Associates owned, occupied and exercised control over the location where Ms. Streit met with her accident. Further, the jury also determined that the Defendant was negligent and failed to maintain that location in a reasonably safe condition and this negligence was a substantial factor in causing Ms. Streit’s accident. The jurors affirmed Ms. Streit’s claims but they allocated only 70% of the blame to Defendant, Katrine Apartments Associates Inc. and 30% to the plaintiff. Subsequently, the jury assessed pain and suffering damages in the amount of $750,000 ($100,000 in the past over a three-year period and $650,000 in the future over a 25-year period).
The Appeal
On appeal, the appellate court affirmed both the liability and damages verdict. Based on the deposition and evidence produced by both parties, the appellate court affirmed that Defendant, Katrine Apartments Associates owned, occupied and exercised control over the location where Ms. Streit met with her accident and therefore owed a duty to care to all residents and by-passers, including Ms. Streit.
Sternberg Injury Law Firm
Established in 2016, Sternberg Injury Law Firm focuses exclusively on personal injury cases across New York, including Briarwood and Fresh Meadows. We provide free consultations during which our experienced attorneys review your case thoroughly to determine how we can assist you. If you choose to retain our services, we prioritize securing the highest possible compensation, allowing you to focus on your recovery. Contact us today via phone, email, or through our website to get started.