Brooklyn Boro

SKETCHES OF COURT: Plaintiff loses trip-and-fall case against city

June 16, 2015 By Alba Acevedo Special to the Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Wavny Toussaint listens as attorney Brielle Goldfaden (standing, left), of the law firm Wingate, Russotti, Shapiro & Halperin, conducts a direct examination of the plaintiff in the trial Shadrin v. City of New York that took place last week in Kings County Civil Term. 

At issue in the bifurcated trial was the question of liability. The plaintiff alleged that he injured himself when he tripped and fell over a 4-inch crack in the sidewalk on the south side of Avenue S between 15th and 16th streets in Brooklyn, in the shadow of the Q and B trains’ elevated overpass. The accident occurred in October 2011. 

The Russian-speaking plaintiff is seen testifying with the assistance of court translator Olga Kildishova, while court reporter Minerva Marin transcribes the proceedings. At right is Judge Toussaint’s assistant law clerk Shirley Paul (background) and court clerk Ingrid Dandy (foreground).  

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The jury returned a verdict for the city, represented by attorney Sean O’Brien (standing, center) of the city Law Department. The jurors found no liability on the part of the city and awarded the plaintiff no monetary damages. While the jurors did find that the city did not properly maintain the sidewalk, they also said that this was not a substantial factor in causing the accident. 


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