Elevator Repairman Fell Through Emergency Exit Roof Door

March 1, 2000

LVT Number: 13909

An elevator repairman sued landlord after falling through an emergency exit roof door. After a jury trial, the court ruled for the repairman, finding landlord 80 percent liable for the injuries. The repairman was awarded $2.5 million. Both sides appealed. The repairman claimed that Social Security disability benefits shouldn't have been deducted from the award of lost future wages. Landlord claimed that the award for pain and suffering was excessive. The court ruled for the repairman on the Social Security issue, but also ruled for landlord.

An elevator repairman sued landlord after falling through an emergency exit roof door. After a jury trial, the court ruled for the repairman, finding landlord 80 percent liable for the injuries. The repairman was awarded $2.5 million. Both sides appealed. The repairman claimed that Social Security disability benefits shouldn't have been deducted from the award of lost future wages. Landlord claimed that the award for pain and suffering was excessive. The court ruled for the repairman on the Social Security issue, but also ruled for landlord. A new trial was ordered on the issue of the amount of the damages award unless the repairman agreed to accept a reduced award of $1 million.

Rodgers v. 72nd St. Assocs.: NYLJ, 2/22/00, p. 24, col. 1 (App. Div.1 Dept.; Tom, JP, Rubin, Andrias, Buckley, Friedman, JJ)

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