New York Verdicts
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Type:
Verdict-Defendant
State:
New York
Venue:
Suffolk County
Court:
Suffolk County
Injury Type(s):
wrist-fracture;
wrist-carpal tunnel syndrome; surgeries/treatment-open reduction; surgeries/treatment-internal fixation
Case Type:
Recreation – Boating; Premises Liability – Dangerous Condition
Case Name:
Frank Valeriano v. Town of Islip,
No. 41233/10
Date:
June 17, 2015
Plaintiff(s):
Frank Valeriano (Male, 52 Years)
Plaintiff Attorney(s):
Richard Schirmer;
Law Offices of Richard Schirmer;
Rocky Point,
NY,
for
Frank Valeriano
Defendant(s):
Town of Islip
Defense Attorney(s):
Karen S. Svendsen;
The Law Offices of Long Tuminello, LLP;
Bay Shore,
NY,
for
Town of Islip
On Aug. 18, 2009, plaintiff Frank Valeriano, 52, a retiree, fell while he was attempting to board his boat, which was docked at the Atlantique Marina, in East Islip. Valeriano fell onto the boat and into the surrounding water, and he sustained an injury of a wrist. Valeriano sued the marina’s operator, the town of Islip. Valeriano alleged that the town negligently created a dangerous condition that caused the accident. Valeriano claimed that his fall was a result of his boat having been violently shaken by a wake that a ferry had created. He contended that a stationary ladder would have provided a safe means of accessing the boat, but that a ladder was not available. Valeriano’s counsel argued that the town had known that ferries and water taxies often created wakes that prevented safe access to the marina’s boats, and he argued that a ladder, ramp or similar device should have been installed in each of the dock’s slips. Defense counsel contended that Valeriano is an experienced boater who should have recognized, and adapted to, the wake that the ferry had created. She claimed that Valeriano had a clear view of the dock, that the dock was stable and fixed, and that Valeriano was aware that a ladder was not available. She also argued that the town did not retain a duty to provide a means of accessing the marina’s boats.
Valeriano was placed in an ambulance, and he was transported to Good Samaritan Hospital Medical Center, in West Islip. Doctors determined that he sustained a fracture of his left, nondominant arm’s wrist. He underwent minor treatment. Valeriano claimed that he also developed entrapment of a nerve of his left wrist, and he further claimed that the condition caused carpal tunnel syndrome. His fracture was addressed via open reduction and internal fixation, but he claimed that he suffers residual pain and limitations. Valeriano sought recovery of damages for past and future pain and suffering.
The jury rendered a defense verdict. It found that the town was not liable for the accident.
Judge:
James P. Flanagan
Trial Length:
1
days
Trial Deliberations:
30
minutes
This report is based on information that was provided by plaintiff’s and defense counsel. Additional information was gleaned from court documents.