News Brief

Ross and Geraghty Obtain Unanimous Defense Verdict in Premises Liability Case

August 22, 2019

Mathew Ross (Partner-White Plains) and Patrick Geraghty (Partner-New York) obtained a unanimous jury verdict in Supreme Court, New York County on behalf of a building owner sued by the plaintiff who claimed an elevator plunged 32 floors, crashing from side to side, and came to an abrupt stop, after which plaintiff had to wait 90 minutes until first responders cut a hole in the wall. Plaintiff claimed that our client and co-defendant elevator company were aware of issues with the cables for at least four months before the incident. Plaintiff underwent an anterior cervical discectomy with fusion, reconstructive hand/thumb surgery to his dominant left hand, left knee surgery and a second cervical surgery posteriorly; he also developed swallowing difficulty, lost 100 pounds and required insertion of two feeding tubes and had not had solid foods or liquids in almost four years. Plaintiff, who was 46 years old at the time of the incident and earning on average $150,000 per year, also asserted that he suffers from PTSD as a result of the elevator incident and never returned to work. Mat and Patrick asserted that the elevators were maintained in a reasonably safe condition and that plaintiff’s claimed injuries and resultant surgeries and feeding tube were not causally related to the elevator incident. Trial lasted 5 1/2 weeks with 25 witnesses testifying, including 17 expert witnesses. Plaintiff’s counsel asked for $60 million in his closing argument. After almost two full days of deliberations, the jury returned a unanimous defense verdict for our client.

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