The Lipsig Law Firm successfully concluded a jury trial and won a $43 million verdict for our client from a Brooklyn jury. Our client was severely hurt when he fell from the roof of a luxury apartment building in Williamsburg Brooklyn while attending a party.
Our client asked the party’s host to use a bathroom. Since there was no bathroom on the roof, the host gave him an empty Gatorade bottle and told him to go to a more private spot and relieve himself. He walked to the edge of the roof and climbed up on the parapet wall, thinking in the darkness there was no gap between that building and one next door. There was actually a 2-1/2-foot gap between the buildings.
Our client lost his balance and fell 70 feet. The impact shattered his spine, and left him in a wheelchair for life.
The six-member jury voted in state Supreme Court to order the building’s developer to pay our client $43 million, $2.7 million for past damages, and $41 million for his future damages over the remaining 40 + years of his future life expectancy.
“One of the jurors told him afterward ‘We can’t bring your body back but at least we can make your life a little better,’” The Lipsig Law Firm said. “The tipping point, in this case, was his will to survive”.
The legal issue in the case hinged on a 1968 city law that requires a 10-foot-high fence around the edge of any rooftop used for recreation. The section where our client fell did not have such a fence. After the accident, the building attached wooden 2-by-4s to the top of the parapet as a safety barrier.
The Lipsig Law Firm said the city’s statute is “as clear as day.” “There’s no wiggle room in the statute,” he said. “The city has a problem. They are letting non-compliant buildings be constructed. They have made this internal interpretation that’s not in the statute.”