Settlement: $100,000

Case: Plaintiff v. Home Properties of New York, Inc., et al., No. 00805054/03
Court: Nassau Supreme
Judge: None reported
Date: 3/14/2005

Plaintiff Attorneys: Todd D. Greenberg, Addabbo & Greenberg, Forest Hills, NY

Defense Attorneys: Gerald J. Gunning, Stein, Bliablias, McGuire, Pantages, Gigi, Livingston, NJ

Facts & Allegations:

On February 20, 2003, the plaintiff, Cynthia Godoy, 27, legal secretary, was walking on the sidewalk located outside her doorway on 20 Westwood Drive, Westbury, NY when she slipped and fell on a thin sheet of ice. She sustained fractured left ankle. Godoy sued the maintenance company, Home Properties of New York, Inc. She claimed the defendant was negligent in its maintenance of the sidewalk and that its negligence created a dangerous condition. The plaintiff claimed the pathway was not salted properly by the defendant's maintenance workers. One of the defendant's maintenance workers was claimed to say, in Spanish, by Godoy who speaks Spanish that they forgot to salt.

The defendant claimed that the walkway was shoveled and iced. He also claimed to have taken all reasonable snow removal action and that the icing, if any, was open and obvious.

Three days prior to the incident, a major snowstorm produced 13.5 inches of snow and on the morning of the incident, there was half inch of snow.

Result: The parties agreed to a $100,000 settlement after the jury was selected.