Premises Liability
Confidential RECOVERY PLUS COMPROMISE OF COMP LIEN FROM $165,000 TO $80,000
Dangerous exterior stairway at building owned by plaintiff’s employer’s landlord – Absence of adequate lighting – Fall as plaintiff leaving work – Cervical herniation necessitating discectomy and fusion.
Union County
The plaintiff, in her early 60s, who worked as a mortgage processor in the building owned by the defendant, contended that the exterior steps were dangerous and violated the applicable code because of the absence of a handrail and because on some treads, the outer portion was wider than the inner portion. The plaintiff also claimed that there was inadequate lighting on the premises since the overhead light was burnt out. The plaintiff contended that as a result, she lost her footing and fell forward about five feet as she was leaving work. The plaintiff further contended that as a result, she suffered a herniation at C-5,6 that required a decompression and anterior fusion. The plaintiff maintained that despite the surgery, she will permanently suffer some pain and significant restriction.
The defendant denied any notice that the light was not functioning. The defendant also maintained that the steps were reasonably safe and contended that the plaintiff was carrying various office items in each hand. The defendant further maintained that the plaintiff caused the fall. The plaintiff countered that the even if carrying items in both hands, she could have used the rail as support by leaning her side against it as she was walking down the stairs.
The plaintiff made no income claims. The case settled prior to trial for Confidential, plus a compromise of the compensation lien.
Reference
Allyn vs. Brass. Docket no. L-507201,3-04.
Attorney for plaintiff: Frank Gaudio of Miller & Gaudio in Red Bank.
