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PVRK Law

Premises Liability

Jeffrey Van Etten Elizabeth G. Kastner

Plaintiff commenced this lawsuit against the building owners and management company after suffering burns over 50% of his body when a failure to turn off the gas igniting a pilot light in an apartment in which plaintiff was refinishing floors caused the lacquer vapors to ignite. The management company commenced a third-party action against our client, plaintiff’s employer. The matter went to trial in Supreme Court, Bronx County, and the jury returned a verdict in the amount of $18,681,323.19, finding 100% liability on the part of the management company and no liability on the part of the owners or our client. The jury further found that the owners were negligent, but that this was not a proximate cause of the injuries. The management company appealed the verdict claiming it was excessive, that there were numerous trial errors; and that the jury was improperly polled. The Appellate Division, First Department, dismissed the appeal and unanimously upheld the verdict.