A 45 year-old male reveler claimed that he slipped and fell on the defendant’s sidewalk that was covered with snow and ice. Plaintiff contended that his fall was caused by snow that had been cleared and piled, which then melted, made its way back onto the sidewalk and re-froze (creating a hazardous condition). Defendant claimed that the plaintiff’s drinking had caused the accident.
The fall occurred as plaintiff passed defendant’s property, an outdoor parking lot on Ogden Avenue in the Bronx. As a result, plaintiff suffered a fracture in his foot that required surgical intervention. The plaintiff admitted that he had been drinking that night.
The Bronx jury awarded plaintiff $150,000.