Emiliya Ubaydova v. City of New York

On July 10, 2024, the New York jury returned a defense verdict in favor of the City of New York after finding no negligence on its part in the placement and maintenance of a balance beam in a park.

Case Background

On Dec. 27, 2019, Emiliya Ubaydova filed the present premises liability lawsuit against the City of New York before the New York State, Queens County, Supreme Court. Judge Phillip Hom presided over this case. [Case number: 721577/2019]

Cause

On July 24, 2019, Emiliya Ubaydova, aged 73, was walking at Juniper Valley Park Playground in Middle Village, Queens, New York. She tripped and fell on a steel balance beam situated on the southeasterly side of the park, west of the tennis courts. The incident occurred near the main play structure designated for ages 5-12. The blue balance beam was the sole beam at the playground, measuring approximately 5 ½ inches in height, 4 inches in width, and 8 feet in length.

Injury

As a result of Defendant’s alleged negligence, Plaintiff sustained serious injuries and experienced pain, shock, and mental anguish. These injuries were permanent and resulted in ongoing medical expenses. The Plaintiff was rendered unable to perform her normal activities and duties, experiencing a loss as a consequence.

Damages

Plaintiff demanded judgment against Defendant on the counts of negligence for the damages and injuries sustained.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Emiliya Ubaydova
    • Counsel for Plaintiff(s): Albert Cohen | Stephen Hillary Jacobson
    • Experts for Plaintiff(s): Celia Petersen R.L.A
  • Defendant(s): City of New York
    • Counsel for Defendant(s): New York City Corporation Counsel | NYC Law Department Corp. Counsel – Terrence Thomas Kossegi

Claims

The Plaintiff’s counsel argued that the balance beam protruded from the playground, posing a tripping hazard. They asserted it should have been positioned within the main fenced-in structure. Ubaydova testified that due to the curved design of the playground, she could not spot the balance beam before her fall. Additionally, it was dusk, with inadequate artificial lighting in the vicinity, according to Plaintiff’s counsel. They suggested the beam should have been painted a brighter color for better visibility.

Defense

The defense pointed out that the beam showed no signs of rust, cracks, or breakage. They also mentioned that it differed in color from the black surface around it. According to defense counsel, the beam was lengthy and clearly visible to anyone who was attentive. Furthermore, the defense contended that there had been no previous incidents or accidents involving the balance beam.

Expert Testimony

Plaintiff’s expert witness Celia Petersen, a professional Landscape Architect, testified that the incorrect and unsafe placement of the balance beam within Juniper Valley Park Playground South constituted a design flaw that should have been identified during the many agency design reviews before construction. She indicated that the balance beam did not serve a functional purpose linked to the main play structure.

Jury Verdict

On July 10, 2024, the New York jury after deliberation of 30 hours, returned a defense verdict. The jury unanimously found the Defendant not negligent and not liable for the injuries and damages caused to the Plaintiff.

Court Documents:

Available upon request