Kenneth S. Merber Obtains Defense Verdict On Behalf Of Largest Maintenance Company In The U.S.

On September 16, 2016, after a two week trial in the Supreme Court of the State of New York, Westchester County, Kenneth Merber obtained a defense verdict on behalf of an international property owner/property management company and one of the largest maintenance companies in the United States. The case involved an alleged slip and fall accident. The plaintiff was a 42 year old man who was employed by a tenant of the building. He fell shortly after a cleaning woman mopped the floor of an employee break room. The claimant alleged that the defendants created a dangerous and defective condition and failed to provide adequate warnings. Defendants denied liability for the accident. Plaintiff alleged that he sustained numerous injuries including lower extremity fractures, tendon and ligament tears, Reflex Sympathetic Dystrophy (RSD)/ Complex Regional Pain Syndrome (CRPS) and acute and chronic injuries in his lumbar spine. Plaintiff claimed that he is completely disabled and unemployable. He has been actively treating for his medical conditions and currently ambulates with a cane and a CAM boot when not in a wheelchair. Plaintiff and his physician testified that Plaintiff has sought an amputation of his affected limb to limit or end his pain. Plaintiff’s settlement demand at the commencement of the trial was $10 million. The demand was reduced to $3 million during the trial but never lower. The jury returned a unanimous defense verdict in favor of Mr. Merber’s clients in less than 30 minutes.