Facts

On Oct. 21, 2006, just before noon, plaintiff went to pick up his two daughters from a karate class at the subject location, a bi-level corner mall. Plaintiff parked his car in a space on the street directly in front of the exterior staircase that leads from street level up to the second level of the complex and to the karate studio.

The staircase involved descends from street level by four steps onto a brick landing. It then ascends from the brick landing by three steps to a second landing made of cement. From the cement landing, it ascends several steps up to the front door of the karate studio.

When plaintiff exited his vehicle, he descended the steps to the brick landing. As he proceeded up the next set of steps heading toward the cement landing, a woman with a dog approached descending the steps from above. There was not enough room on the staircase, so plaintiff moved to the right side of the staircase, near a brick wall and adjacent planter box, to allow the woman and the dog to pass. As plaintiff stepped onto the right side of the cement landing, his right foot slipped out from under him, causing him to land on the cement on his left knee.

An area of water, algae, and debris had formed on the right side of the cement landing due to the over-watering of a large planter box immediately adjacent to the right of the staircase. Plaintiff had stepped in the area of water, algae, and debris, causing him to slip and fall.

Plaintiff's right foot went forward, causing him to lose his balance and fall backward, his left knee slamming to the paved surface of the cement landing. Plaintiff's left knee was shattered.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that, as a result of defendants' negligent ownership, management, and control of the staircase, a condition of standing water, debris and algae was created and allowed to persist on the cement landing immediately adjacent to a large planter box. Plaintiff contended that defendant failed to warn of said dangerous condition. Plaintiff contended that he unexpectedly stepped in the collection of water, algae and debris, causing him to slip and fall, incurring life and limb threatening injuries.

DEFENDANT'S CONTENTIONS:
The defense claimed that there were no witnesses to the incident and no evidence to show a negligent condition of standing water, debris and algae on the cement landing at the time of the incident. The defense further claimed that the premises were properly managed and maintained, and that the dangerous condition did not exist at the time of plaintiff's fall.

Specials in Evidence

Plaintiff incurred medical bills in the amount of $978,532.

Injuries

Plaintiff was diagnosed with a dislocated patella and severely comminuted fracture of the proximal tibia and fibula with multiple bone fragments. Initially, plaintiff spent nearly two months in St. John's Hospital, during which he developed compartment syndrome, sepsis and osteomyelitis in the left knee, septic shock, and multiple pulmonary emboli. Plaintiff underwent multiple surgeries to his left leg. When he was finally discharged in December 2006, he still required a total knee reconstruction and replacement and remained in danger of ultimately losing his left leg due to the recurring infections. Plaintiff, who had no medical insurance, ultimately underwent an excess of 12 surgeries to save his leg.

Result

The case settled at mediation before Jeffrey Krivis for $1.1 million ($615,000 from property management company; $400,000 from landscape company; $85,000 from building valet service company).