Brach Eichler Wins Liability Verdict, Achieves $5.8M Settlement on Behalf of Injured Client

6/28/2018

Capping a nine-year journey, attorneys at Brach Eichler achieved a $5.8 million settlement recently after a liability verdict on behalf of an injured client.

After a six-day trial, the jury deliberated for 24 minutes to return their unanimous liability verdict, agreeing with Brach Eichler that the three defendants in the case, a property management company and two real estate companies, were negligent in maintaining an exterior access stairway that gave way causing the client to fall. The case resolved by settlement after the opening arguments and the video of the expert orthopedic surgeon during the damages phase of the trial.

The accident occurred in December of 2009 when the plaintiff, an elevator modernization mechanic who was on the job for several months, descended a staircase and the top step broke under the weight of his foot. He fell eight feet through the stairway and onto the roof of the building.

As a result, he suffered knee and back injuries necessitating multiple surgeries to his back and knee. He was not able to return to work following the accident.

The overall settlement amount of $5,825,000 is being paid by three different insurance companies.

Litigation Chair and Member Charles X. Gormally tried the case before the Supreme Court of New York with assistance from Member Stuart J. Polkowitz and Counsel Anthony M. Juliano. In all, the Brach Eichler team represented the client through two trials and two different juries before the successful verdict was reached on June 27, 2018.