Publications : Teacher's Assistant tripped on unlevel floor - Lorraine Walsh and Charles Walsh v. Facchin & Facchin, Ltd. and St. Pauls Church, College Point, No. 23592/OO (Verdict Search) (Publication-121)
Teacher's Assistant tripped on unlevel floor. Case Type: Trip and Fall, Premises Liability - School, Premises Liability - Dangerous Condition
Case Name: Lorraine Walsh and Charles Walsh v. Facchin & Facchin, Ltd. and St. Pauls Church, College Point, No. 23592/OO
Venue: Queens Supreme, NY
Judge: Frederick DR, Sampson
James D. Kiley; Kiley, Kiley & Kiley, Great Neck, NY, for Lorraine Walsh
Khalil Jaffarpour Ph.D.; Structural; New York, NY called by: James Kiley
Randy S. Faust; Faust, Goetz, Schenker & Elee; New York. NY, for Facchin Bt Facchin Lid.
Vlhlliam E, Cahill; Fishman, Dorfman & Callahan; Pearl River, NY, for St. PauI's Church, College Point
Utica First for Facchin 8t Facchln Ltd.
Highlands Insurance for St. Pauls Church, College Point
Plaintiff Lorraine Walsh, 38, a pre-Kindergarten teachers assistant employed by St. Paul's Episcopal School, was injured when she tripped in the hallway of the school on Sept. E, 2000 at 10.30 a.m. Evidence indicated that it was the first day back to school following the summer break. Testimony at trial Indicated that defendant St. Paul's Church, College Point contracted with defendant Facchin & Facchin, Ltd in the summer of 2000 to install a new granite tile floor in part or the main hallway of the school. On the date of the accident, the granite tile floor did not cover the entire length of the hallway. It stopped at a point along the hallway where it met with the previous existing rubber tile floor Walsh testified that the granite tile was raised above the existing floor and that there was no saddle. Walsh' expert engineer inspected the property pursuant td court order and testified that the granite tile floor was 5/8 of an inch higher than the existing floor. Walsh contended that the condition was unsafe and was violation of the New York City Building Code. She argued that Facchin & Facchin created an unsafe condition on the property and that St, Paul's Church, as owner in control of the property, had notice or the unsafe condition, Welsh presented photographs or the elevated floor. Joseph Facchin, principal of Facchin & Facchin, testified that the granite tile used had a thickness of 3/8 of an inch. He presented a sample piece of granite tile at trial. Both defendants argued that the condition was de minimus and alternatively, that Walsh was negligent for failing to observe the condition Defendants argued that nonparty St Paul's Episcopal School was a separate corporation and was solely in control or the property. Father Paul Hamilton testified that he functioned as rector of the church and headmaster of the school. Walsh argued that St. Paul's Church owned the property and contracted for the work performed and was, thus, the legally responsible party.
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