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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)



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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)

Premises Liability Warehouse's visitor claimed he tripped on high step Settlement: $425,000 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 Date: 01-10-2007 Plaintiff Attorney(s): Donald T Kiley, Jr., Kiley, Kiley Si Kiley; Great Neck, NY, for Robert Ferraris Expert(s): Thomas Bannon FE.; Engineering; Port Washington, NY called by: Donald Kiley, Jr. Defendant Attomey(s): Kevin P, Slattery; Tromello, McDonnell & Kehoe, Melville, NY, for Nussdorf Associates, Quality King Distributors lnc. Expert(s): Insurers: Cigna for both defendants Facts: 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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