New Trial Needed on Trip and Fall in Building Staircase

Tenant sued landlord after falling down a stairway in landlord’s building. Tenant tripped on a handrail that had partially come loose from the wall and was resting at the top of the steps. At trial, tenant admitted that he was looking straight ahead at the time of the accident and hadn’t reached for the handrail before starting to walk down the stairs. Tenant also may have been talking on his cell phone at the time of the accident. The jury found that both landlord and tenant were negligent, but that tenant’s negligence wasn’t a substantial cause of his injuries and landlord was 100 percent responsible. The jury awarded tenant $5 million for past pain and suffering, but nothing for medical expenses or future pain and suffering. Landlord and tenant both appealed. The court ruled for landlord and sent the case back for a new trial. The jury’s decision was inconsistent because, while admitting there was a question about who caused the accident, they imposed liability solely on landlord.

Dessasore v. NYCHA: NYLJ, 2/11/10, p. 33, col. 4 (App. Div. 1 Dept.; Andrias, JP, Saxe, Sweeny, Moskowitz, Abdus-Salaam, JJ)