Jury Verdict Submission & Research

On Nov. 7, 2011, James Register, a man in his 70's, tripped and fell while walking on the public sidewalk located in front of the premises of 1890 Lexington Avenue in Manhattan. According to information later provided by Register's legal counsel, Register's right foot tripped over a 2 inch rise in the sidewalk, causing him to fall forward face first onto the ground. Register suffered a concussion with traumatic brain injury as well as multiple fractures to his nose. The property was owned by KNW Apartments, LLC. Urban American Management, LLC was the managing agent.

On March 29, 2012, Register filed a complaint against KNW Apartments, Urban American Management, as well as Prompt Parking Corp. (which was alleged to also have an ownership interest in the subject premises). The suit was filed in the New York Supreme Court for Bronx County, where it was assigned to JudgeLucindo Suarez.

Plaintiff claimed that defendants were negligent in causing, allowing and permitting the public sidewalk to come, be, and remain in a dangerous, defective, and unsafe condition. He also maintained that defendants had actual knowledge of the defect prior to the time he tripped and fell over the defect. Defendants countered, arguing that Register could not prove that they had notice of the defect and that plaintiff never tripped on the two inch rise in the sidewalk. They claimed he had instead tripped on a tree root in the vicinity of the defect.

The matter proceeded to a jury trial on the claims against KNW Apartments and Urban American Management. Plaintiff presented evidence of having sustained an extremely serious injury consisting of a concussion with traumatic brain injury including ongoing physical, cognitive and emotional symptoms related to post-concussion syndrome as well as multiple fractures to his nose. After he fell, plaintiff was taken by ambulance to the Emergency Department at St. Lukes-Roosevelt. CT scans were taken which revealed bilateral nasal bone fractures overlying soft tissue swelling. It was also revealed that plaintiff suffered a loss ofconsciousness and incontinence at the time of his fall. CT scans of the brain additionally revealed vasogenic edema with an unrelated brain aneurysm. Plaintiff was admitted to St. Lukes-Roosevelt for three days and was told to follow-up with his primary care doctor upon discharge. Plaintiff followed-up with his doctors at the VA Hospital, where he received care for his post-concussion symptoms and nasal bone fractures.

According to information provided by plaintiff's counsel, the defendants' expert Michael Carciente, M.D., a board certified neurologist, opined that plaintiff was alert and oriented and understood questions clearly at his medical examination. Carciente further opined that plaintiff had no objective neurological findings and that there was no objective evidence of a central or peripheral nervous system condition. Defense expert Sheldon Manspeizer, M.D., a board certified orthopedic surgeon, opined that plaintiff did not sustain a fracture to his nose as related to his accident on November 7, 2011, but rather had a preexistent bilateral nasal bone fracture. Plaintiff's counsel later wrote, however, that Manspeizer's testimony in court contradicted this statement. Manspeizeralso noted that plaintiff had difficulty expressing himself and remembering past events at his medical examination. Defense expert David Kaufman, M.D., a board certified neurologist, opined that plaintiff's aneurysm and its bleeding one and a half years after this accident in May of 2013 had nothing to do with the incident of Nov. 7, 2011.

On Sept. 27, 2016, the jury returned a verdict in plaintiff's favor, finding that defendants were negligent with regard to the 2 inch rise in the sidewalk in front of 1890 Lexington Avenue, that the defendants had actual notice of the defect, that plaintiff did trip and fall over the defect in the sidewalk, and that the defendants' negligence was a substantial factor in causing plaintiff's injuries. The jury awarded $ 2,500,000 in damages.

Plaintiff was represented by Seth A. Harris and Craig M. Goldwasser of Burns & Harris,  New York NY. Defendants were represented by Steven D. Phillips of Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York, NY. 

Lexis Advance subscribers may access the full summary here: James L. Register v. KNW Apartments, LLC; Urban American Management, LLC; and Prompt Parking Corp; 2016 Jury Verdicts LEXIS 7084

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