$595,000 settlement

Verdicts & Settlements
Posted: February 9, 2001, law.com New York
KINGS SUPREME
ASSAULT - TENANT ATTACKED WHILE WAITING FOR ELEVATOR IN DOOR LOCK AND BUZZER SYSTEM RAPE POST TRAUMATIC STRESS DISORDER

SETTLEMENT: Marilyn W. v. 20 Ocean Court Associates 15876/93 Date of Settlement 11/30/01 Kings Supreme

Pltf. Atty: Kim H. Townsend, Manhattan

Deft. Atty: Stanley N. Albert, Manhattan, of counsel to Law Office of John J. Feeley, Manhattan

This action settled for $595,000 during trial. On 4/9/93, Pltf. a 46 year old home health aide, was accosted by an unknown assailant while waiting for an elevator in Deft.'s building. Pltf. was a resident in the building, and she was caring for another resident. The assailant dragged Pltf. up the stairwell and raped her. She claimed that Deft. had been notified of a broken front door lock and defective buzzer system by the tenants' committee. A former tenant confirmed claims concerning the buzzer and door lock. Deft. argued that the buzzer system was functioning adequately and the lock was not broken.

Injuries: post traumatic stress disorder; emotional distress. Demonstrative evidence: photographs of the building interior. No offer; demand: $750,000.

Carrier: Greater New York Mutual Insurance Co.