Gordon Rees Scully Mansukhani Partner Donald Derrico and Senior Counsel Melissa McCarthy obtained a complete defense verdict in a high-stakes premises liability case tried in Brooklyn, New York.
The plaintiff alleged that she slipped and fell on ice in front of GRSM’s client’s building in February 2021, resulting in injuries that required lower back surgery, bilateral knee surgery, and left wrist surgery. A photograph taken immediately after the incident, showing the plaintiff on the sidewalk with visible snow and ice, was introduced into evidence. At trial, Derrico and McCarthy emphasized the plaintiff’s failure to produce three additional photographs she claimed were taken on the day of the accident, as well as her inability to identify or produce contact information for the individual who allegedly took them. Based on these omissions, the defense successfully obtained a spoliation of evidence charge and a missing witness charge. Through focused cross-examination, Derrico identified several inconsistencies between the plaintiff’s trial testimony and her deposition. He also used the post-incident photograph to suggest that the physical positioning of the plaintiff at the time of the fall was not consistent with her version of events, raising questions about the accuracy of the plaintiff’s account.
The plaintiff’s demand was $10 million. After just four minutes of deliberation, the jury returned a defense verdict in favor of GRSM’s client.
This outcome underscores the strength and strategic approach of GRSM’s Trial Practice. Our attorneys bring deep trial experience and a meticulous command of evidentiary issues to every case, consistently delivering successful outcomes for clients in complex, high-exposure litigation.