Sketches of court: Did trash chute ooze cause slip and fall?

November 15, 2024 Alba Acevedo

In this courtroom sketch, Hon. Larry Martin presides over a premises liability trial as Karla Alston (standing) delivers opening remarks for the defense, and the plaintiff's attorney, Christopher Joslin, listens attentively. Brooklyn Eagle sketch by Alba Acevedo

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In this courtroom sketch, Hon. Larry Martin presides over a premises liability trial, R. Branch v. New York Housing Authority (NYCHA). Defendant’s attorney Karla Alston (standing), of the law offices of Krez & Flores, addresses the jury during her opening remarks. Christopher Joslin (seated), of the law offices of David Horowitz, represented the plaintiff. (At far right are Officer L. Ashby and Court Clerk S. Williams.)

Little was in agreement between the parties.

Branch sustained a serious injury to his hip in January 2019, allegedly by slipping on “garbage juice” seeping from a trash chute “hopper” area onto the hallway of the Bushwick Houses building where he was visiting a friend’s apartment. Branch asserts that he had gingerly crossed the wet area earlier but fell later when he was instead focused on catching up to and preventing his friend’s young son from entering an elevator alone after the boy had darted out of the apartment into the corridor.

Joslin maintains that the failure to deal with an overaccumulation of bags and debris in the hopper area caused the accident condition and amounted to negligence on the part of NYCHA.

Alston asserted that the unfortunate accident could not have happened as Branch portrayed. She called on the building’s caretaker, in lengthy testimony as to her supervisor’s task checklist and maintenance routine that weekend. Alston also called on the NYCHA apartment’s tenant and her son as witnesses. None would corroborate any wetness or hazardous conditions.

Alston also cited notations made by an ambulance EMT and a hospital PA on the day of the accident that Branch mentioned he was racing in the hallway with kids when his right leg gave out. Branch, in cross-examination, vigorously disputed that depiction as inaccurate.

Joslin maintained during closing arguments that exhaustive caretaker records were only missing ones from the day of the accident. The jury should conclude, he suggested, that the record would have supported the contention that there was liquid on the hallway floor.

The parties reached an undisclosed settlement after closing statements and before Judge Martin charged the jury in the trial that was resolved last week in Kings County Supreme, Civil Term.