Slip and Fall Court of Claims Case
We had a recent hard-fought trial in the Court of Claims. The Court of Claims is a court in New York State that’s very different than the normal New York State Supreme Court. When we go to a trial, in most cases, we have the benefit of a judge and a jury, and the jury makes the decisions on the facts of the case; the judge makes the decision on the law. In the Court of Claims, it’s a court that is only there to handle cases against the state of New York itself. In that court, there are no juries. It’s simply a judge making the decision on the law and the facts. The case is presented to one person. That person makes the decision.
In this case, we had a client of ours who had slipped and fallen in an area that had been corded off by the state over by the old psychiatric center. There had been a fence erected around an area. He was working inside of the area, slipped and fell on ice. The state had taken an absolute no-pay position in the case, saying that they had relinquished control over that area and that they weren’t responsible for upkeep of that area. We went to trial.
In that trial, we were able to establish that the state had not sufficiently relinquished its control or possession over the property, that they had the responsibility to keep the property clean and free from debris, and that they knew or should have known that, despite the fact there was a fence around the area, there would be people in that area. As a result of trying that case, and after a lengthy time waiting for a verdict from the judge, it was determined that the state was indeed at fault for the fall. The state’s position, according to the judge was wrong.
Attorney Robert Maranto is a partner with Andrews, Bernstein, Maranto & Nicotra, PLLC and has achieved the rating of superb on Avvo.
The Personal Injury Lawyers at Andrews, Bernstein, Maranto & Nicotra, PLLC fight for the rights of persons who are injured or disabled. We approach each case on an individual basis and personally assist each client with their unique needs. We are involved in every step of the legal process, and ensure that each case receives the time and effort necessary for success.