New York Partners Alecia Walters-Hinds and Kenneth J. Kim recently obtained a defense verdict in ceiling collapse case.
The plaintiff brought the suit on behalf of herself and her 10-year-old son, claiming that the ceiling collapsed late one night on her son as a result of the apartment owner's negligence. As a result of the accident, the plaintiff claimed that her son sustained serious injuries to his back, left leg, head, and left hand.
The plaintiff alleged that she previously complained about a leaking radiator, but that it was not repaired. In support of her arguments, the plaintiff had an engineering expert testify that the ceiling collapsed because it was not structurally sound and negligently constructed. As a result, any introduction of moisture would have caused the ceiling to collapse. The plaintiff also introduced photographs that showed sheetrock and plaster that allegedly fell on the plaintiff's bed while he was sleeping.
We argued that the ceiling collapse was caused by the upstairs tenant who had an illegal portable air conditioner and negligently operated the air conditioning unit, causing water to spill on the floor over time. We argued that we reasonably maintained the premises and, to the extent that she complained about the radiator, the radiator was repaired. Furthermore, any follow-up complaints were not addressed because she was not home.
In addition, the accident occurred during the summer. Our engineering expert testified that the proximate cause of the ceiling collapse was the portable air conditioner that was leaking over time, including for more than three hours the night before the accident. Our engineering expert also testified that the ceiling was not negligently constructed or repaired.
During the trial, we moved to add the upstairs tenant to the verdict sheet. After eight days of trial and jury deliberation, the jury found that the building owner was not negligent. They did not get to the question of whether the upstairs tenant was negligent.
Paralegal Derlin Barrios assisted with the case.
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