Ramos v. DuPont Realty, LLC, Supreme Court, Bronx County, Index No. 300726/07

Following a summary jury trial in Supreme Court, Bronx County, before the Honorable Ben A. Barbato, a Bronx jury rendered a defense verdict in favor of client, DuPont Realty, LLC.

Plaintiff alleged that he was injured while walking down the stairs of the insured’s premises. Plaintiff testified that the superintendent was cleaning the building and had dampened the floor with soap and water, causing him to slip and fall down ten steps. Plaintiff did not observe the super mopping prior to, or after, his fall and did not observe any warning signs prior to his fall. Plaintiff alleged significant injuries which included an arthroscopic surgery of both his right knee and left knee with an ultimate total replacement of the left knee.

A non-party witness testified that she was an eye witness to plaintiff’s fall and indicated the stairs had a sticky substance on them. However, she did not observe anyone cleaning the steps; did not know how long the condition existed on the stairs; and did not know if someone from the building was responsible for the condition on the steps.

Abrams Gorelick associate Dennis J. Monaco read into evidence portions of the deposition transcript of the building superintendent concerning his cleaning schedule in the building. He had testified that he would mop the steps at certain times, and has never mopped the steps in the evening as the plaintiff alleged.

The jury rendered a defense verdict based upon the issue of liability. The jury found that defendant DuPont Realty, LLC had not been negligent. This finding made it unnecessary for jury to deliberate on the issue of damages.