MATTER OF MELISSA BASTAS
Aug 23, 2023OUTCOME: $500,000 settlement in Queens, N.Y.
A 51-year-old woman from Queens, residing in a house owned by a third party, suffered a serious ankle injury after an unlicensed painter working for the owner removed the handrail from a twelve-step st ... aircase but did not replace it in violation of the NYC Building Code. The old handrail was discarded, leaving the staircase unprotected for several days. While descending the stairs, the woman misstepped and fell, reaching for the missing handrail. She was diagnosed with a trimalleolar fracture of the ankle. The injury required open reduction and internal fixation (ORIF) surgery with three plates inserted. As a real estate agent, she faced significant difficulties due to her inability to work for 3 months and experienced considerable pain. Photographs of the staircase showed the removed handrail’s remnants, including screw holes and painted-over circles. The matter was settled with the homeowner’s insurance carrier just after a lawsuit was filed, resulting in a $500,000 settlement.
