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Fullerton Beck Wins Defense Verdict in Grueling 5-week Case

Fullerton Beck’s powerhouse trial team—Partner Susan Scaria and Victoria Ronemus—obtained a major defense verdict in a high-exposure premises liability case after a grueling, 5-week jury trial in the New York Supreme Court. The 36-year-old plaintiff was walking on the sidewalk on West 173rd Street in Manhattan when he claimed he was struck in the head by a 5-foot piece of aluminum window capping that fell from the fourth-floor window during a window installation project.

As a result of the alleged accident, the plaintiff claimed he suffered a traumatic brain injury, cervical spine injuries, visual and neurological impairments, and exacerbating underlying mood disorder.

Prior to trial, the parties engaged in motion practice when conflicting witness testimony led the court to find a question of fact related to whether the plaintiff was actually struck by a falling object.

At the outset of trial, the plaintiff maintained a settlement demand of $10 million and then proposed a high-low of $7-$14 million, which was rejected. During summations, the plaintiff’s counsel asked the jury to award his client more than $25 million.

During the 5-week trial, more than 20 witnesses were produced and questioned. They included neuro-ophthalmologists, neuropsychologists, neuro radiologists, psychiatrists, a biomechanical engineer, an economist and laypeople.

Fullerton Beck is proud to have obtained this result for its contractor client and insurers and is grateful that they demonstrated unwavering support and confidence in the trial team’s ability to take a verdict in this potentially high-exposure case.

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