By: Basch & Keegan
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Spada Wins Injury Case Appeal, Causes Outrage in the Community
In a recent article, The Kingston Daily Freeman has reported that, “A state appeals court has ruled an injury lawsuit filed against the Kingston YMCA… can proceed…for damages related to a fall [the plaintiff] took in the facility’s parking lot.”
The reporter states that this has caused some outrage in the community primarily because:
- The YMCA is a valued community organization
- The plaintiff is a very successful local business owner
Legally, there is a debate as to the conditions of the parking lot, the lighting at 5:20 am, and the weather conditions at the time of – and leading up to – the slip and fall accident.
Derek Spada, one of our personal injury attorneys at Basch & Keegan in Kingston, NY, is representing the plaintiff in this local case which has now been before two courts – first a lower court, and then the Appellate Division of the State Supreme Court. Both have definitively ruled that it has merit and should proceed.
The Challenges of Personal Injury Litigation
In addition to pain, medical bills, and lost wages, the hurdles encountered when injured – due to someone else’s negligence – include public perception of lawsuits. In this particular case, ice built up over a significant time period due to the defendant’s failure to maintain its parking lot. The danger was compounded by a lack of lighting. The certified weather report shows that there was no precipitation for two days before the incident, and three people testified that there was no snow or rain on the morning of the incident. A customer slipped and fell on ice while on his way into the defendant’s building. These are the foundational elements of this case, and clear validity is there.
Attorney Derek Spada defeated a summary judgment motion and then defeated an appeal that was brought by the defense. The Kingston Daily Freeman subsequently published an article about the case. The title of the article and public comments at the end of it provide insight into how the media and corporate interests have shaped public perception about lawsuits, and particularly personal injury cases.
What is NOT Generally Reported to the Public?
What is missing in media coverage is the insight and elaboration concerning so many other cases where a person is severely injured due to someone else’s negligence – but their case is dismissed. This can happen when jurors become jaded because they either lack the desire or judicial experience to question opinions heard from the media and corporate-controlled interests.
Why are those particular cases not always reported by the media? Perhaps it’s because six corporations control 90% of the media, and lawsuits may adversely affect their profit margins.
If this case lacked merit, it would have been dismissed by one of the two courts that had a chance to throw it out. Additionally, Basch & Keegan would not have taken on this case if it was not supported by the law.
The legal reality is that the law does not permit commercial property owners to disregard winter maintenance at their premises. By standing up for injury victims, our personal injury lawyers at Basch & Keegan strive to make the community safer by taking neglectful landlords to task.
We fight the fight for you. Feel free to give us a call at (845) 338-8884 to discuss your particular injury case with our attorneys.