Bobby Simmons was born in Texas and grew up in Oklahoma. He moved to New York City after he turned 20 years old. For about six years, Simmons was a successful light heavyweight boxer. He remained in the New York area working different jobs throughout his life – as a shipping clerk, cab driver and construction worker, to name a few. Simmons retired at age 62 with seven children and 17 grandchildren. He was actually on his way to visit one of them in the Bronx on March 25, 2003 when he had a trip and fall accident descending a stairway on the way to the subway at the Grand Concourse Station.
Simmons claimed there was a defect in one of the steps that caused him to fall and injure his left knee. A chunk of concrete had broken away from the leading edge of one of the steps, causing Simmons to lose his footing and fall.
New York City Trial – Personal Injury Lawsuit
Simmons pursued a personal injury lawsuit against the New York City Transit Authority in December of 2003. In the civil lawsuit, a Bronx jury concluded that the defect was significant and had been there for so long that the city’s transit authority, in maintaining the area, should have known about it and repaired it. The ruling applies under premises liability. The state of Florida has similar laws, under which Simmons would be considered a business invitee.
The plaintiff’s surgery required nearly a 12 inch incision at the knee and holes drilled into the patella (kneecap) to reattach it to the tendon with large sutures sewn in and anchored in the patella. Surgeons discovered a calcified mass in part of the tendon during the procedure that the defense argued indicated that aspects of plaintiff’s knee condition were preexisting.
Jury’s Ruling a Key Basis of Premises Liability Laws
In plaintiff’s closing argument, the jury was asked to award $360,000 for past pain and suffering plus $120,000 for the future. The Transit Authority’s counsel’s closing argument focused on the contention that there was no negligence, but also alternatively addressed damages stating that any award should be “what’s fair” and “… if the kids are playing ball and the ball goes in the window of the house, you give the homeowner a new window, not a new house.”
Before the trial concluded, the jury heard testimony given by Mr. Simmons (by then, 71 years old), an employee of the Transit Authority, and expert orthopedic surgeons for both sides. Jurors then ruled in favor of the plaintiff for $500,000 in damages for his pain and suffering ($300,000 past – 9 years, $200,000 future – 12 years).
References:
New York Injury Cases
