Partner Martin Rowe Obtains Defense Verdict in Bronx County

On Friday, December 13th, Martin Rowe secured a defense verdict in Supreme Court, Bronx County, delivering a significant win for our client, a supermarket operator. The plaintiff, a customer, alleged that she sustained injuries after a fall in the store, claiming she tripped over a box placed in the aisle by a vendor restocking shelves.

The plaintiff alleged she suffered a traumatic brain injury, a torn rotator cuff requiring surgery, and an aggravation of preexisting cervical and lumbar injuries. Through cross-examination of the plaintiff and the testimony of the former store manager who prepared the accident report, Martin argued that the plaintiff’s own inattentiveness caused the incident. He further demonstrated that the defendant neither created the hazardous condition nor had prior knowledge of it.

To strengthen the defense, testimony was provided by an orthopedic surgeon and a radiologist, both of whom confirmed that the plaintiff’s injuries were preexisting, degenerative, and unrelated to the alleged fall. The pretrial demand was $2 million, and at trial, the jury was asked for $3.5 million. Despite this, Martin’s arguments prevailed, resulting in a favorable outcome for the defense.