Alleged negligent failure of Transit Authority to clean snow from steps in two day period since last precipitation – Plaintiff slips on third step from top and falls 13 steps – Cervical herniation – Fusion – Lumbar herniation – Recommendation for fusion

New York County, NY

The plaintiff contended that she slipped on slush snow and ice on the third step from the top of the defendant Transit Authority’s exterior staircase, and that the defendant had ample time to conduct adequate snow removal since the last snow fall occurred approximately two days earlier. The fall was not witnessed. The plaintiff was a civilian employee of the NYPD, and a sergeant from her precinct took photographs of a different portion of the same step that contained slush. The plaintiff maintained that the entire staircase was in a similar condition.The defendant denied that the plaintiff’s position should be accepted, and contended that irrespective of the work done by some six crews since the time of the last precipitation, footprints from commuters would have prevented the steps from being in the condition alleged by the plaintiff, and that the plaintiff’s position should be rejected. The plaintiff suffered a cervical herniation that necessitated a fusion, and also suffered a lumbar herniation. Although fusion surgery had been recommended, the plaintiff has yet to undergo the procedure. The plaintiff, who has not worked since the incident, contended that she will permanently be unable to work, and the plaintiff’s future income claim exceeded $________.The jury found that the defendant was not negligent.