Brooklyn Boro

SKETCHES OF COURT: Jury determines whether snow-covered windshield was dangerous

May 18, 2015 By Alba Acevedo Special to the Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Arthur M. Schack listens as plaintiff’s attorney David Kownacki (standing), of the law office of James J. Toomey, makes opening statements to the jury in the premises liability trial Roberto Ramos Ortiz v. All Lock & Glass Service Inc. and 28-90 Review Avenue Associates LLC. 

The plaintiff’s claim stems from an injury he suffered in 2009 when he slipped on a snow-covered object that he alleges was a windshield at the Long Island City site, represented by Derek E. Barrett of the law firm Rawle & Henderson, that was discarded by All Lock, represented by Brian J. Greenfield of the law office of James J. Toomey. At issue in the case is whether the object represents the creation of a dangerous foreseeable condition and who is responsible. 

Ortiz (foreground, seated right) was employed by a truck rental company that leases the site. He was walking towards his van across snow on a January day when, his boss testified, he slipped and flew 2-1/2 feet into the air before coming down hard. 

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The defendant All Lock acknowledged they had done work at the site two days earlier but offered witness testimony that they had properly discarded a windshield, and denies it was the snow-covered object. Defendant 28-90 claims they were unaware of the perilous condition and maintains that their truck rental tenants are responsible for maintaining the property they’ve leased. 

The attorneys have made their summations to the jury which is presently in deliberations this week in Kings County Civil Term. 


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