AGF&J Rings in New Year with Unanimous Defense Verdict

Melagros Roman v. Brandi Corp. d/b/a El Viejo Yaya Restaurant, Supreme Court, Queens County, January 6, 2011

AGF&J is pleased to report that 2011 has begun successfully. On January 6, 2011, member Glenn Jacobson, assisted by associate Jessica Napoli, obtained a unanimous defense verdict in the Supreme Court, Queens County before Justice Dennis J. Butler in Melagros Roman v. Brandi Corp. d/b/a El Viejo Yaya Restaurant.

Plaintiff and a friend claimed that plaintiff fell when she slipped because of water on the stairs leading from the ladies restroom. However, on cross-examination, the plaintiff admitted that she did not see any water on the stairs because she was talking to a friend and was not looking where she was going. The manager of the restaurant denied that he found any water on the steps when he investigated the incident. The jury returned a unanimous verdict finding that defendant was not negligent. Plaintiff claimed that she sustained a fractured wrist, which would have been vigorously contested by defendant’s medical expert.