The Appellate Division, First Department, in the case Lowenstern v. Sherman Square Realty Corp., determined that the Decision of the Supreme Court, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), was properly rendered in this case. Our partners, Jonny Kool and Christopher L. Sallay, successfully argued that the complaint adequately pleaded a cause of action sounding in negligence.in this slip and fall on snow and ice case. In addition, the Court found that climactical records did not conclusively refute the complaint’s allegations.
Individuals who have suffered an injury due to a fall on snow and ice may be able to recover compensation for a number of damages in a premises liability lawsuit. Injured victims may be able to receive compensation for any economic damages suffered such as lost wages or medical bills. Lost wages are any loss of income or future earnings not covered by compensation. Victims may also be able to receive compensation for any medical bills not covered by insurance as well as any future doctor's appointments, medical procedures, or medication relating to the injury. In addition to economic damages, victims may also be able to receive compensation for non-economic damages, such as long term pain and suffering or emotional stress caused by the injury. In instances where the victim's injury proved fatal, their family may be able to recover compensation through a wrongful death lawsuit. In a wrongful death lawsuit, families of victims may be able to recover compensation for damages such as lost wages and future earning potential, loss of consortium, funeral costs, and pain and suffering.
If you or someone you love has suffered an injury due to a fall on snow or ice, you may have legal recourse. For a free evaluation of your legal options, call (212) 406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool will review your case to see how we may be able to assist you.