Kenneth S. Merber, Esq. successfully defended his restaurant client in a slip/trip and fall case in the Supreme Court of the State of New York, New York County.
The claimant, a celebrity and famous collector of rare Asian art, fell while exiting the restaurant sustaining open complex comminuted and avulsion fractures requiring an open reduction and internal fixation with the insertion of multiple plates and screws. Plaintiff also alleged she suffered severe psychiatric injuries and the loss of enjoyment of the pleasures of her life asserting she is no longer able to travel to lecture on, teach, purchase and collect art, her only true passion.
Plaintiff requested that the jury award $7 million. The case was tried for more than 3 weeks before the Hon. David Cohen. The case was strategically defended and fought to optimize plaintiff’s failure to name the premises owner / landlord in this case.
Moreover, focus was given to the plaintiff’s lack of credibility and failure to comply with medical instructions to limit her own damages, both physical and psychological. The “millennial jury” returned a defense verdict after 4 hours of deliberation.