Page 10 - Verdicts and Settlements Hall of Fame: Premises Liability

#5
PREMISES LIABILITY
VERDICT & SETTLEMENTS
HALL OF FAME
Case: Simon v. Granite Building 2 LLC Attorney: Ted M. Rosenberg
Firm: Rosenberg & Gluck, LLP, Holtsville, NY Date: June 16, 2015
Verdict: $20,300,000
Car’s driver killed in fall after vehicle slides off rooftop garage’s icy deck
During the morning of Feb. 13, 2008, husband and wife Charles & Julie Simon, both 47y/o union-af liated wallpaper hangers, were driving to their place of employment, a construction site located at 1991 Marcus Ave, in the village of New Hyde Park. Julie was behind the wheel.
When Ms. Simon reached the work site, she drove to the rooftop deck of an un nished, multi-level parking garage. She encountered ice, hit the brakes, but the vehicle skidded and could not be con- trolled. Sensing that the vehicle would fall off of the roof, Charles Simon jumped out. Julie Simon attempted to do the same, but could not remove her seat belt. The vehicle slid to the edge of the roof, broke through a steel-cable guardrail and plummeted some 32 feet before crashing on the ground. Julie Simon sustained a fatal injury. Mr. Simon was unscathed.
The plaintiffs alleged that the defendants’ negligent mainte- nance of the work site created a
installed around the edge of the roof, and that the existing steel cables were merely intended to protect pedestrians and could not contain even a slowly moving vehicle. Videotape, produced by a nearby building’s surveillance system, established that Ms. Simon’s vehicle was traveling 15.1 mph when its brakes were applied. Defense counsel claimed this speed was excessive given the conditions.
The concrete subcontractor acknowledged that in the days before the accident their workers removed the fence at the garage’s entrance to allow access for a delivery truck; that some 20 other vehicles subsequently entered or exited the garage; but that the co-defendant construction site manager did not replace the fence. The remaining co-defendants blamed each other for failing to replace the fence.
Julie Simon sustained severe crush-induced injuries that caused immediate death. Her estate sought recovery damages for wrongful- death and the fear she experienced
dangerous condition that caused
the accident. Claims against
the premises’ manager, project
architect, engineer, and two steel
fabrication/installation subcon-
tractors were dismissed. The
matter proceeded to trial against
the concrete subcontractor, FXR
Construction; owner, Granite Building 2, and; site construction managers, Kulka Construction and Kulka Contracting.
Plaintiffs claimed defendants knew the paking garage was unsafe, had erected a fence to prevent the entrance of vehicular traf c, but that FXR Construction removed the fence. Plaintiffs also claimed that the roof’s icy conditions were a result of workers having covered a drain, to prevent water from owing from the roof, to a lower level of the garage.
Plaintiffs argued that stronger barricades should have been
while plunging to her death.
Charles Simon claimed extreme psychological trauma from the sight of his wife struggling to free herself, then falling to her death. He claimed severe PTSD with sui- cidal thoughts, which prevents his
return to work. He sought recovery of past and future lost earnings, annuity bene ts, pension bene ts, employer-provided health bene ts, retirement income, and damages for past and future emotional suffering
The jury found that the defendants were liable for the accident. Gran- ite Building 2 was assigned 60 percent of the liability; Kulka Construc- tion and Kulka Contracting were assigned a total of 30 percent of the liability; and FXR Construction was assigned 10 percent of the liability.
The jury determined that the plaintiffs’ damages totaled $9.44 million. Defense moved to set aside the verdict.
8 September 2016
THE JURY DETERMINED THAT THE PLAINTIFFS’ DAMAGES TOTALED $9.44 MILLION. DEFENSE MOVED TO SET ASIDE THE VERDICT.