Kahana Feld Obtains Favorable Result in High-Exposure NY Premises Liability Case  

Kahana Feld partner Leigh Katz obtained a significant victory in a recent matter involving a videotaped alleged trip and fall on the sidewalk in front of the client’s commercial residence. The plaintiff claimed he suffered a knee injury that necessitated surgery, along with other assorted injuries that prevented him from continuing high-level athletic activities. Leigh was able to demonstrate that the fall was staged and received a voluntary discontinuance with prejudice.  

At mediation, Leigh emphasized that KF’s expert witness challenged the plaintiff’s claim that the fall was caused by a sidewalk height differential after reviewing the videotape footage and determining the plaintiff’s fall began before his feet made contact with the alleged defect. Based on this analysis, the expert concluded the reported height differential did not initiate the fall, which supported KF’s position that the incident depicted in the video was unrealistic and appeared staged. 

Moreover, Leigh argued that the location of the plaintiff’s fall is a commonly targeted area for slip-and-fall claims due to the presence of video surveillance and noted that multiple plaintiffs had previously reported incidents at the same location. She also demonstrated that two of the plaintiff’s relatives were involved in separate accidents during the same month and year as the plaintiff’s claimed incident, emphasizing the statistical improbability of those circumstances occurring coincidentally. 

Leigh also presented a variety of additional evidence reinforcing  the presence of fraud in this case, including: 1) the plaintiff’s social media accounts detailed intense workouts after his alleged knee surgery, 2) the plaintiff’s treating professionals were recommended by his attorney and the majority of those medical providers are currently embroiled in several fraud and RICO actions, and 3) the operative photos provided by the plaintiff’s surgeon failed to demonstrate any causally related injury.   

 After mediation, the plaintiff voluntarily discontinued the case with prejudice.