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New York Settles Prisoner Slip & Fall Case for $7,500
The New York Department of Correctional Services has settled a prisoner's slip and fall claim for $7,500 including attorney fees.
While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a wet floor on her way to the showers. She suffered several rib fractures and some leg injury necessitating sutures and crutches.
At a trial on the issue of liability, Delarossa claimed the floor was recently mopped, posted warning signs were prematurely removed while the floor was still wet, that she was walking quickly and not running, and that she slid ten feet. The state countered that a hallway captain saw her running on a floor he had inspected and determined was dry that he was told to watch for and stop runners, and that Delarossa slid only three feet.
The Court ruled that both sides exaggerated their testimony. Landing in the middle, the Court found that since Delarossa fell in state shoes the floor must have been wet thus the warning signs must have been prematurely removed. Given the warnings to guards to watch for runners, the floor constituted a dangerous condition. Using comparative negligence, the Court assigned 40 percent negligence to Delarossa, 60 percent to the state. Avoiding a damage?s trial, the parties settled for $7,500 including attorney fees. See: Delarossa v. New York, Case No. 101785 (Court of Claims, Rochester, 2005).
While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a wet floor on her way to the showers. She suffered several rib fractures and some leg injury necessitating sutures and crutches.
At a trial on the issue of liability, Delarossa claimed the floor was recently mopped, posted warning signs were prematurely removed while the floor was still wet, that she was walking quickly and not running, and that she slid ten feet. The state countered that a hallway captain saw her running on a floor he had inspected and determined was dry that he was told to watch for and stop runners, and that Delarossa slid only three feet.
The Court ruled that both sides exaggerated their testimony. Landing in the middle, the Court found that since Delarossa fell in state shoes the floor must have been wet thus the warning signs must have been prematurely removed. Given the warnings to guards to watch for runners, the floor constituted a dangerous condition. Using comparative negligence, the Court assigned 40 percent negligence to Delarossa, 60 percent to the state. Avoiding a damage?s trial, the parties settled for $7,500 including attorney fees. See: Delarossa v. New York, Case No. 101785 (Court of Claims, Rochester, 2005).
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Related legal cases
Delarossa v. New York
| Year | 2005 |
|---|---|
| Cite | Case # 101785 (Court of Claims, Rochester, 2005). |
| Level | State Trial Court |
| Conclusion | Settlement |
| Damages | 7,500.00 |
| Injunction Status | N/A |
Delarossa v. New York
| Year | 2005 |
|---|---|
| Cite | Case # 101785 (Court of Claims, Rochester, 2005). |
| Level | State Trial Court |
| Conclusion | Settlement |
| Damages | 7,500.00 |
| Injunction Status | N/A |