Legal Memorandum: Cases of Elbow Injuries in Slip-and-falls

Issue: In New York, what jury verdicts have been returned in cases involving a slip-and-fall incident where the plaintiff sustained elbow injuries?

There have been jury verdicts in New York regarding elbow injuries in slip-and-falls.  Many of the reported verdicts involved fractured elbows or elbow injuries as well as other injuries. 

·         Molly Ann Holloway v. Lockport City School District, Niagara Sup. Ct. No. 144653/12, 2013 Jury Verdicts LEXIS 9761 (N.Y. Sup. Ct. Jul. 23, 2013).

The plaintiff, a 40-year-old female, sustained injuries to her elbow and shoulder during a slip-and-fall in a school parking lot.  The defense asserted a “storm-in-progress” defense.

The parties negotiated a pre-trial settlement for $35,000.

·         Carroll v. Cohen Bros. Realty, et al., 2010 NY Jury Verdicts Review LEXIS 163 (N.Y. Sup. Ct. Sep. 10, 2010). 

·         Sharon J. Benty and David Benty v. Village of Oakfield, Genesee Sup. Ct. No. 49529/01, 2007 Jury Verdicts LEXIS 43417 (N.Y. Sup. Ct. Mar. 12, 2007)

·         Mukta Malhotra v. The City of NY Joseph Trimboli, Individually and Robert P. Tusas as Administrator of the Estate of Josephine Trimboli, Queens Sup. Ct. No. 11344/01 2005 Jury Verdicts LEXIS 45295 (N.Y. Sup. Ct. Sep. 14, 2005).

·         Mary E. Franklin v. Omni Sagamore Hotel & Toyota Motors Distributors Inc. / Omni Sagamore Hotel v. Northern Exhaust Cleaners; Kings Sup. Ct. No. 20550/98, 75601/01, 2005 Jury Verdicts LEXIS 44228 (N.Y. Sup. Ct. Jan. 11, 2005)

[…]