Tenant Tripped over Metal Plate in Basement

December 1, 2003

LVT Number: 16981

Tenant sued landlord for negligence after he tripped over a metal plate in the basement of his apartment building. Tenant had lived in the basement apartment for one and a half years and walked over the plate every day. After a jury trial, the court found landlord negligent. Tenant was awarded $54,000 for past lost earnings and $306,000 for future lost earnings. Landlord appealed. The appeals court ruled for landlord in part. Landlord was negligent, but tenant's own negligence contributed to his injury.

Tenant sued landlord for negligence after he tripped over a metal plate in the basement of his apartment building. Tenant had lived in the basement apartment for one and a half years and walked over the plate every day. After a jury trial, the court found landlord negligent. Tenant was awarded $54,000 for past lost earnings and $306,000 for future lost earnings. Landlord appealed. The appeals court ruled for landlord in part. Landlord was negligent, but tenant's own negligence contributed to his injury. A new trial was granted on the question of how much tenant's negligence caused the injury. A new trial also was granted on the issue of lost earnings because the court improperly prevented tenant from submitting proof of lost earnings.

Perez v. Audubon at 186th St. LLC: NYLJ, 11/21/03, p. 31, col. 1 (App. Div. 2 Dept.; Santucci, JP, Krausman, Schmidt, Rivera, JJ)

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