Lynch Schwab & Gasparini obtains Defense Verdict at Trial
On September 11, 2017, Louis U. Gasparini (Partner) obtained a defense verdict for a prestigious music school located in New York City. The plaintiff, Shaliner Ramoutar and her husband commenced an action alleging that the defendant was negligent in placing an 18 foot area rug within a classroom causing the plaintiff trip and fall during a music class for children. The area rug was placed on top of a wood floor (without non-slip backing) where the children would gather in a circle to participate.
The plaintiff was hired as a nanny to care for a child who attended the weekly music class. Plaintiff claims that she tripped and fell on part of the rug that was allegedly bunched, landing on her left hand and shoulder.
Testimony and evidence was heard at the trial from the teachers, the music school director together with liability experts.
The plaintiff's counsel attempted to argue to the jury that the 18 foot area rug violated ASTM standards and was not slip resistant. The defendant’s argued the standards were not adopted by the NYC Administrative Code and that the area rug was safe and used without incident for approximately 20 years.
After deliberations, the Jury concluded within 20 minutes, that the defendants were not negligent.
Ramoutar v. The Diller-Quaile School of Music, Inc., (Supreme Court, Westchester County, New York)
Posted on October 4, 2017 in Firm News