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SKETCHES OF COURT: Jury finds no fault in Con Ed case

April 6, 2017 By Alba Acevedo Brooklyn Daily Eagle
Court sketch by Alba Acevedo
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In this courtroom sketch, Hon. Johnny Lee Baynes listens as plaintiff’s attorney William Pawlow (standing), of the law firm Herzfeld & Rubin, conducts a direct examination in the premises liability trial Sandra Wright v. Con Edison & Namow Inc. On the witness stand is Jennifer Kim, a specialist with Con Ed who performed record searches. At issue was the determination of liability. 

Sandra Wright alleged that she was traversing the Clinton Street crosswalk at the intersection of Montague Street in August 2010, which is the location of a Con Ed service box. Wright maintained that a raised panel in the service box cover plate created an uneven roadway surface, which caused her to slip and fall. Wright, a retired city employee, claimed that she sustained a serious knee injury due to the hazardous condition. 

Jennifer Provost (seated, center), of the Con Ed law department, argued against Wright’s contention of the existence of a defect. She noted that Con Ed had responded to the prior issuance of a Corrective Action Request, for which they hired Namow, a contractor firm, to regrade the structure’s surface. Provost also challenged the location of Wright’s fall. 

Haydn Brill (at right), of the law offices of Brill & Associates, represented co-defendant Namow. Brill maintained that Namow performed the regrade on the service box before the accident, and had no further contractual obligation beyond the remedy to which Con Ed had signed off. 

The jury’s found no fault in the trial that resolved in Kings County Civil Term. 


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