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Alleged negligent failure to maintain subway station, including ceiling - Alleged recurrent leaking - Slip and fall - Trimalleolar fracture.

Bronx County

The plaintiff, approximately 50, contended that the defendant negligently failed to properly maintain its subway station. The plaintiff’s engineer maintained that damage to the ceiling reflected signs of a recurring leak and the plaintiff maintained that the defendant negligently failed to repair it. The plaintiff contended that a large puddle had formed on the floor, creating a dangerous condition. The plaintiff also maintained that two concrete tiles were surrounded by ceramic tiles within the area of the puddle and the presence of two different types of materials changed the co-efficient of friction and heightened the hazard.

The plaintiff contended that she slipped and fell as a result of the hazard, suffering a trimalleolar fracture that required an open reduction and internal fixation. The plaintiff asserted that she will suffer permanent pain and restriction.

The defendant’s engineer denied that a recurring, leaking condition existed and contended that the signs pointed to by the plaintiff’s expert reflected the accumulation of moisture only. The defendant also maintained that there were no records of a leak. The defendant contended that a rain storm had ended a short time earlier. The defendant maintained that any water was tracked in by patrons and that it did not have sufficient time to have attended to the station floor.

The jury found that the defendant was not negligent.

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