Case Dismissed--Intoxication Not Absent Handrail Caused Fall Down Staircase

In an Order dated August 13, 2018,  a New York County Supreme Court Justice granted the pre-trial motion of a building owner to dismiss the case of a severely injured pasta chef who fell down a flight of stairs to the basement of the Pazzia restaurant in Manhattan. The Court recognized that the failure to maintain a handrail for the staircase was a building code violation; however, the pasta chef was so drunk Justice Levy found that the cause of the accident was intoxication-not the absent handrail. The plaintiff admitted he had consumed 3-4 glasses of vodka mixed with coke within one hour of his fall. A toxicologist explained that the NY Presbyterian Hospital blood tests revealed a blood alcohol level of 0.371% and that level would require the consumption of at least 22 ounces of vodka. Another medical expert stated that a mere 0.16% blood alcohol level has been proven to increase your risk of falling by 60 times. 

Worse yet for the pasta chef was his inability to recall why or how he fell down 13 steps, even though he conveniently remembered reaching for the handrail to arrest his fall. The Court concluded: " Plaintiff's severe intoxication was the principal and sole proximate cause of his accident and renders the alleged defects in the staircase too remote to constitute a proximate cause of his injuries...." Quito v PCS Management,LLC, 2018 WL 3838305

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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