| Pltf., a 40-year old security guard, claimed that on 11/7/94 he was injured at the Patterson Houses, Deft. Housing Authority's housing development located in the Bronx. Testimony indicated that for approximately 1 year prior to this accident, renovations were being performed by Deft. Pilos Construction (35% liable) at the 15-building apartment complex. Bricks would be stacked on the grass by the walkways at the end of the work day, and evidence indicated that during the night, unknown individuals would scatter the bricks over the walkway. Pltf. Claimed that on the morning of this accident, he tripped and fell over a brick left in the walkway. Pltf. claimed that Defts. Had notice of the ongoing situations, but did not hire any security personnel.
The Housing Authority (65% liable) claimed that it had no notice that the bricks were being scattered during the night, and argued that it was Pilos' duty to correct that problem. Pilos was not represented by counsel at trial; deposition transcript from Pilos were read. Transcript testimony indicated that Pilos contended that it was not required to hire security personnel, and argued that its employees cleaned up the area at night. Pilos also claimed that it had not complained to the Housing Authority about the bricks being scattered about during the night.
Injuries: four fractured metatarsals on three bones of the foot requiring two open reduction surgeries; aggravation of pre-existing right knee injury for which Pltf. underwent an arthroscopy approximately 1 year before this accident. Pltf. was out of work for 10 months following the accident. He claimed that he has developed arthritis. He testified that he still experiences pain and walks with a limp. Deft. Argued that Pltf.'s knee injury is unrelated to this accident, and claimed that Pltf. suffered only minimal residuals following the foot surgeries. Demonstrative evidence: photographs of the accident scene; x- rays showing wires in Pltf.'s foot, contract between Pilos and the Housing Authority. No offer; demand: $500,000. Jury deliberation: 1 hour.
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