Publications : Premises Liability, Warehouse's visitor claimed he tripped on high step, Dangerous Condition, Trip and Fall - Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04 (Verdict Search) (Publication-126)
Warehouse's visitor claimed he tripped on high step
Case Type: Dangerous Condition, Premises Liability - Trip and Fall
Case Name: Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04
Venue: Suffolk Supreme, NY
Judge: Ralph E. Costello
Donald T Kiley, Jr., Kiley, Kiley Si Kiley; Great Neck, NY, for Robert Ferraris
Thomas Bannon FE.; Engineering; Port Washington, NY called by: Donald Kiley, Jr.
Kevin P, Slattery; Tromello, McDonnell & Kehoe, Melville, NY, for Nussdorf Associates, Quality King Distributors lnc.
Cigna for both defendants
On Aug 20, 2003, plaintiff Robert Ferraris, 37, a truck driver, tripped on a wooden step that led to a security guard's shack near the entrance of a warehouse that was located at 2060 Ninth Ave, in Ronkonkoma. He stumbled forward, and his right hand and wrist were lacerated by metal traffic signs that were located at the end of the platform, He sustained finger, hand and wrist injuries. Ferraris sued the facility's owners and operators, Nussdorf Associates and Quality King Distributors Inc. He alleged that the step constituted a dangerous condition. Ferraris' counsel claimed that the step did not conform to New York State Building Code § 1003 3.3,3, which specifies that a step or riser should not exceed 7 inches in height, The step measured 12.5 inches in height. One of the defendant's employees claimed that he witnessed the accident and that Ferraris stumbled several feet before he reached the step. Thus, defense counsel contended that the step did not cause the accident Ferraris sustained lacerations of his right …
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