Slip and Fall Liability Verdict Affirmed against NYC Transit Authority but Court Fails to Identify Injury for which Jury Rendered $210,000 Verdict

Contributor: John Hochfelder 

SUMMARY: Once again an appellate court in New York has issued a decision on an appeal from a jury verdict in a personal injury lawsuit that fails to identify important facts about the case - such as the injury for which $210,000 was awarded. So once again, we have dug into the matter so we can reveal the hidden information.

On February 5, 2002 at 7:30 a.m., Heather Bishop was on her way to work as a medical auditor in Manhattan for GHI Medicare. She was in Brooklyn headed for the F train - But Ms. Bishop never made it to the top of the stairs where she slipped and fell due to an unsecured tread protector.

Her lawsuit against the transit authority went to trial in August 2007 and after five days the Kings County jury returned a liability verdict in her favor. Then there was a one day trial on damages that resulted in the $210,000 verdict.

The defendant appealed the liability verdict claiming that it was contrary to the evidence; however, this week an appellate court ruled in Bishop v. New York City Transit Authorty that the testimony of the plaintiff, her expert, and photographic evidence were quite enough to support the verdict.