Date of Settlement: December 13, 2013
Supreme Court: Ulster County
Plaintiffs were 35-year-old twin sisters injured in an accident that occurred in a fall from a second story balcony of one sister’s residence in New Paltz. The fall occurred when a railing on the balcony collapsed because of rotted wood and improper repair and maintenance. Both sisters sustained injuries involving multiple fractured ribs and spinous process fractures requiring approximately 2 weeks of hospitalization and protracted pain management.
Recovery was obtained from the owner of the apartment building who alleged he had no notice of the defective railing but had recently repaired the roof above the balcony that contained the rotted wood railing that broke. It was necessary that the sisters obtain separate counsel to pursue their actions. However the case was settled, for a single sum of $925,000.00 on the eve of trial to be divided as agreed between the sisters’ subsequent settlement.