On July 29, 2011, Ms. Janet Kopolovitch was assisting her son in moving out of his apartment at 200 Water Street in Manhattan. Before Ms. Kopolovitch and her son arrived, an employee of 200 Water SPE LLC had mopped the loading dock and had left the floor wet without a warning sign. When Ms. Kopolovitch and her son arrived at the loading dock, she slipped and fell on the wet cement floor. Ms. Kopolovitch was transported to a hospital, where she was diagnosed with a ruptured detached hamstring muscle in her right leg. She was administered painkillers and discharged to her residence. Ms. Kopolovitch had to undergo seven months of physical rehabilitation. She developed a right knee pain during this physical therapy, followed by damage to her cartilage. Ms. Kopolovitch had to undergo a surgery to treat her damaged cartilage. She experienced pain for a prolonged period and required a knee brace and daily anti-inflammatory pills. In 2012, Ms. Kopolovitch sued the building owner 200 Water SPE LLC for damages.
During the lawsuit, Ms. Kopolovitch alleged that the Defendant was negligent. She contended that one of the Defendant’s employees had mopped the floor only minutes prior to the accident, leaving it wet without any warning signs. However, Ms. Kopolovitch did not provide any evidence to back her claim that the floor was wet without any warning signs. The Defendant’s employees testified that the area had warning signs all over and that they were placed every day when they mopped the loading area. They contended that Ms. Kopolovitch fell as a result of her failure to observe the wet floor. Defendant also argued that Ms. Kopolovitch should not have been in the area, as it was designated for employees only.and argued that Ms. Kopolovitch’s crocs contributed to her fall. During the trial, Ms. Kopolovitch’s orthopedic surgeon testified that her hamstring had healed, but she was experiencing scarring and fibrosis that was impacting the way she walked. This led to arthritis development in her knee that also increased the probability of a future total knee replacement surgery.
Defendant’s orthopedic expert testified that Ms. Kopolovitch’s hamstring had healed prior to the trial. Further, they stated that Ms. Kopolovitch’s knee injuries were not related to her hamstring and that she had been experiencing pain in her right knee since 2002. Ms. Kopolovitch also slipped in May 2014 when her knee buckled while working as a limousine driver. Defendant’s orthopedic expert also testified that Ms. Kopolovitch had pre existing arthritis in her knee and that neither knee surgery was associated with her accident at Defendant’s premises. Defendant brought in another expert who testified that the loading dock’s floor had adequate friction, provided Ms. Kopolovitch was wearing proper footwear. In 2019, the jury agreed with most of Defense’s position and assigned 10% of the liability for the accident to them, and 90% to Ms. Kopolovitch. The jury then assessed past pain and suffering damages in the amount of $100,000 and did not award future pain and suffering damages. Ms. Kopolovitch filed an appeal stating damages awarded to her were inadequate and that the jury should have granted her future pain and suffering damages.
In Kopolovitch v. 200 Water SPE LLC, the Court reviewed all the evidence and testimonies presented before the jury. Appellate Court noted that Ms. Kopolovitch should not have entered an employee-only area of the Defendant’s building without authorization. Further, the Court held that Ms. Kopolovitch did not notice the readily apparent wet condition of the floor. The Court also upheld medical evidence and testimonies suggesting that Ms. Kopolovitch’s knee condition was not connected to her slip and fall accident at Defendant’s premises. The Appellate Court also found out that in 2017, Ms. Kopolovitch traveled to Costa Rica and Panama and shared on Facebook that she enjoyed "dancing the nights away" and walked ten miles each day. However, Ms. Kopolovitch refuted this assertion during the trial. Based on the aforementioned, in 2021 the Appellate Court affirmed liability and damages verdicts. Court also stated that Ms. Kopolovitch exaggerated her symptoms. The decision not to award future pain and suffering was also justified for the same reasons.
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