“Padilla” Motion Granted And Felony Conviction Vacated

What a night! So honored to be part of the Queens ADA Association Summer Dinner celebrating Judicial Excellence — and the incredible career of the Honorable Judge Kenneth Holder on his retirement.

Our client was at a storage facility when she tripped and fell on ice. The facility had shoveled from a storm the night before, but the theory of liability was that employees failed to properly salt. Throughout the case the offer was $25K, with Defense counsel pointing to the snowstorm the night before and all other issues that are commonly raised as a defense in snow and ice fall cases. However, on the eve of trial, Plaintiff’s Counsel Todd D. Greenberg made a Motion in Limine to admit post-accident repairs in the form of a picture of  salt applied to the ice after the accident by management. What was clearly apparent was that the salt had a blue hue to it, which was missing in the picture of the actual accident scene! It was clear that the Defendant failed to salt the shoveled walkway in a proper manner, giving rise to liability. The Plaintiff suffered a bilateral fractured ankle and the case settled for $500,000.00 the day before jury selection after the Motion was filed! For a slip and fall on ice, sidewalk or other defective condition, call Addabbo & Greenberg at 718-268-0400 or visit our website at www.queenslaw.com

Kevin Gomez, 22, was acquitted of felony manslaughter in the fatal 2023 hit-and-run death of three-year-old Quintus Chen in Queens, New York, but a jury found him guilty of misdemeanor charges including reckless driving and operating an unregistered vehicle. Queens Daily Eagle Prosecutors argued Gomez’s tinted windows severely impaired his visibility, yet he struck the child and fled the scene, while his defense countered that Gomez was merging into traffic and did not see the child, calling the tragedy an accidental “pedestrian error.” Queens Daily Eagle Gomez faces sentencing on December 10 and could receive either probation or up to a year behind bars. Queens Daily Eagle Click the link to read the full article.