McLaughlin v. Ann-Gur Realty Corp.
May 07, 2014OUTCOME: $3,967,266 verdict for the plaintiff
NYPD Detective responding to a fellow officer's call ran downhill on the sidewalk of E. 173rd Street towards Clay Ave. As he made the left turn towards Clay Ave., he encountered an unexpected step-dow ... n or drop in elevation. The nosing of the step was unmarked for those approaching downhill from E. 173rd St, whereas the riser of the step was plainly visible to those approaching in the opposite direction, wishing to turn right from Clay onto E. 173rd, as the riser face of the step was painted a cautionary yellow. Moreover, from his perspective as he made the left turn, the color and consistency of the 173rd Street sidewalk blended in with the color of the Clay Ave. sidewalk beyond the step, creating from his perspective an optical illusion that it was one contiguous surface, masking the drop. As he turned the corner, he stumbled, lost his balance, and fell due to the elevation drop. Plaintiff claimed a railing should have been placed to divert pedestrians away from the sudden drop, or at least it should have been clearly marked to alert someone of the drop. He sustained serious left knee injuries that required multiple surgeries and prevented him from continuing his career as a Detective.
