During this unprecedented and unfortunate time when the Courts are closed due to the national health emergency, justice continues! Addabbo and Greenberg remains ready willing and able to continue servicing our clients. As an example, the New York State Courts have urged all parties in civil litigation to engage in mediation in an effort to resolve cases. With that direction, on April 30th, 2020, after one week of intense preparation, attorney Todd Greenberg engaged in a two (2) hour Zoom mediation with the attorneys for GAP, Inc., a GAP representative in California and the NAM Mediator. Mr. Greenberg presented a Power Point presentation covering liability and damages. Our client, a 63-year-old female, was shopping in the GAP in Forest Hills when she tripped and fell over the bottom part of a step ladder that was sticking out from under a counter and fractured her elbow. It was Mr. Greenberg’s contention that the stool created a hazard to customers because the top part was hidden and only the bottom part protruded from under a counter. Indeed, during discovery, Mr. Greenberg obtained a safety manual for GAP employees which instructed the employees to ensure that step stools were stored fully under shelves to avoid a tripping hazard! The attorney for the GAP argued that the stool was “opened and obvious” and should have been seen by our client. As usual, the case presented a serious question of fact as to who was responsible. Plaintiff’s injury required an internal fixation (operation and plate). Based upon the uncertainty of litigation, the delay in the Court system due to the virus, and the unfortunate resulting financial condition of the GAP, Inc., Mr. Greenberg opined that it may not have been prudent to wait another two (2) years before there would be a trial in this matter. The result: a $375,000.00 settlement for our client! Once again, our client was compensated for her pain and suffering and was extremely happy with the result.
Call Addabbo and Greenberg if you are a family member have been injured in a slip and fall case at 718-268-0400 or visit us at www.addabboandgreenberg.com.
