Slip And Fall Lawyer Testimony An Alleged Fall By A Plaintiff

NEW YORK CITY LAW DEPARTMENT, Feb 09, 2005

New York, June 28, 2004 – After a weeklong trial, a Bronx jury found last Friday (June 25, 2004) that the
City of New York was not negligent in a case involving an alleged fall by a plaintiff, Ramon Placencia, into a sewer catch basin. The case was the third win for New York City before a Bronx jury in less than a month and the eighth of 11 cases won since late February.

According to plaintiff Placenia’s testimony, he fell at 4 o’clock in the morning on Oct. 15, 1988, as he was
going to get a cup of coffee after leaving his brother’s new auto repair shop where he had been helping to
perform renovations. Placenia said he stepped on a piece of plywood used to cover an open sewer catch
basin, ultimately falling through the plywood and into the catch basin itself.

However, evidence introduced at trial established that Placencia had told hospital personnel that his injury
had in fact taken place when he fell from a ladder or an open window. Evidence introduced at trial also
showed the plaintiff had alcohol on his breath at the time of his admission to Lincoln Hospital, where he
was treated for a lower back injury.

“We are very pleased that the jury supported our presentation of the case,” noted Edward Spark, an
Assistant Corporation Counsel in the Bronx Tort Division and the attorney that tried the case for the City.
The case follows two other jury trial verdicts for the City in the Bronx:

On Tuesday of last week (June 22, 2004), the office won a case involving several New York City
police officers who had subdued a Bronx man, Michael Bents, in 1994 whom they said struggled
with them. The man’s arrest followed a high-speed chase that began with a radio call suggesting
that guns might be in the fleeing auto. The jury returned a verdict in less than 45 minutes, finding
that two of the officers had acted appropriately. In addition, the judge dismissed the case against
two additional officers, resulting in a complete City victory. Assistant Corporation Counsel Joe
Mohbat of the Bronx Tort Division led the legal team in that case.

On Wed., May 26, 2004, the office won a case involving a woman, Ileana Almodovar, who got out
of her car under a dark overpass in the Bronx, so her son could check for a noise. A passing car
hit her, shattering her leg. She sued her son, who was driving the car, the other driver and the
City’s Department of Transportation. As far as the City's liability, the woman alleged that the City
was required to have 24-hour lighting in the tunnel. However, the City produced a State expert
witness at trial who refuted that this was a requirement. The jury returned a verdict finding no
Michael A. Cardozo, Corporation Counsel
liability against the City. Assistant Corporation Counsel Robert Ludlum in the Bronx Tort Division
was the City’s lead attorney.

“These recent wins show the strength and diligence of our Tort Division in pursuing cases where the City
is not at fault,” noted Corporation Counsel Michael A. Cardozo. “It also shows the high quality of
lawyering in our Bronx office.”

The office has won 8 of its last 11 verdicts since late February. Among these was a well-known case
called Garricks, which involved a woman who slipped and fell on ice although the City went to extreme
measures following a large snowstorm in February 1995. Assistant Corporation Counsel Jennifer
Herscovici won the Garricks case on retrial this past April. In addition, of the 8 Tort wins since late
February, Ed Spark has won three of the decisions.

The New York City Law Department is one of the oldest, largest and most dynamic law offices in the
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Tracing its roots back to the 1600's, the Department's 650-plus lawyers handle
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