Gordon Rees Scully Mansukhani Westchester Partners Donald Derrico and Tristan Smith won a significant victory in Kings County Supreme Court, Brooklyn, New York in a premises liability case against the firm’s client, a university.
The plaintiff claimed that an ADA door malfunctioned, striking her in the head. Throughout the eight years of litigation, the plaintiff premised her liability claims on arguments of an unmaintained motor that was overly powerful, did not operate as designed, was not repaired, and was affixed to a door that was misaligned and binding. At trial, GRSM argued that the door operated as designed and that the plaintiff’s theories were not possible, including with respect to the design and function of the motor in question.
As the trial was bifurcated, the jury determined the issue of liability first and returned a unanimous verdict on the first question, finding that the university was not negligent. Kings County is often considered a plaintiff-friendly venue, and the case involved a $3 million demand based upon allegations of a traumatic brain injury with MRI-DTI imaging, as well as a seven-figure life care plan. While GRSM was fully prepared to defend damages, the success of the liability verdict nullified any further exposure.
This result underscores the depth of GRSM’s bench of trial attorneys and their ability to successfully bring the core issues before a jury, obtaining favorable verdicts based upon a strong foundation of supporting documentary and testimonial evidence.