12/13/19 – Borja v. Hush Café Lounge & Garden, Hush Bros. Inc., and Gimei Realty Corp.

The Borja action arises out of allegations that plaintiff slipped and fell on an accumulation of snow and ice on the sidewalk abutting the Hush Café in Maspeth, New York, the evening of February 4, 2011. Plaintiff claims to have sustained a bimalleolar ankle fracture resulting in open reduction internal fixation surgery. Following extensive motion practice, the case went to trial with Andrea Camacho representing all defendants.

At the conclusion of the liability portion of the trial, the jury returned a verdict for the defendants. At trial, Ms. Camacho established that the defendants took reasonable steps to clear a snow-free path in front of the Hush Café and plaintiff’s voluntary decision to walk over a pile of snow situated atop the curb line (while intending to walk into the street) was unforeseeable. Ms. Camacho established, to the jury’s satisfaction, alternative methods to access the street available to plaintiff that did not involve walking over a three foot tall pile of snow.