Defense Verdict in Ceiling Collapse Case

In a matter tried before Justice Alexander Hunter in Supreme Court, Bronx County, Mary L. Maloney obtained a defense verdict on behalf of the owner and managing company of an apartment building in the Bronx. The plaintiff claimed that her bedroom ceiling collapsed on her head and alleged that the defendants were negligent in allowing the ceiling to become and remain broken and dangerous; in negligently repairing the ceiling; and on the doctrine of res ipsa loquitur. The plaintiff also alleged actual and constructive notice, which Justice Hunter granted in her favor as a matter of law prior to the trial.

The plaintiff and her daughter, an alleged eyewitness, testified that they made verbal complaints to the building super, who also testified and stated that ceiling repairs were properly made prior to the date of loss. The injuries, which were before the jury, were herniated discs at C5-6 and at C6-7 and lumbar disc bulges. The plaintiff underwent laminectomy, discectomy, surgical insertion of plate and screws, vertebrectomy, cervical fusion, bulging discs and psychological trauma.