David Binko v. Paul Brown

Parties Involved

  • Plaintiff: David Binko
    • Counsel for Plaintiff: Richard Stanley Binko | Stephen R. Foley
    • Expert Witness for Plaintiff: Joshua L. Jones, M.D.
  • Defendant: Paul Brown
    • Counsel for Defendant: Luke Anthony Brown

Verdict Information

  • Verdict date: March 06, 2024
  • Total damages awarded to Plaintiff: $2,500
  • Final damages after considering contributory negligence: $1000

About the Case


On February 8, 2021, Plaintiff David Binko, 33, a shop owner, was walking on the sidewalk along Oliver Street in North Tonawanda, N.Y. He slipped and fell on ice that had accumulated in front of a commercial building owned by Defendant Paul Brown. He alleged that he fell solely due to the Defendant’s negligence, which caused him serious and permanent injuries. It was alleged that Brown’s negligence involved creating hazardous conditions by allowing water from the roof to discharge onto non-functional or defective gutters and downspouts. This resulted in the accumulation of water in front of the building, which subsequently froze into ice. Brown also, reportedly, failed to take preventive measures such as salting or breaking up the ice. Moreover, there was no warning issued about the dangerous condition, indicating further negligence on the defendant’s part. Subsequently, Binko filed a lawsuit against Brown, alleging Brown’s responsibility for the hazardous condition that led to his fall.

The premises liability case went to trial in March 2023. During this trial, the jury assigned 40 percent of the fault to Brown and 60 percent to Binko. As a result, the jury awarded Binko gross damages totaling $3,961. After factoring in the apportioned fault, Binko’s final award was reduced to $1,584.40.

Following the trial, Plaintiff’s counsel motioned for a new trial specifically concerning issues related to damages and the permanency of Binko’s injury. The motion was granted, leading to a subsequent trial focused solely on damages, which occurred in March 2024.


As a result of the incident, Binko allegedly suffered serious, permanent, and progressive injuries, both internal and external, and incurred medical expenses. Specifically, he suffered a wrist fracture and a torn triangular fibrocartilage complex. He underwent treatment, including arthroscopy, and received cortisone injections.


During the second damages trial in the present premises liability case, Plaintiff asserted that the fracture and tear resulted from the fall. Binko’s counsel argued that he would need another surgery and 42 years of ongoing treatment. In closing arguments, Plaintiff’s counsel sought $250,000 for Binko’s past pain and suffering and $650,000 for his future pain and suffering.

Jury Verdict

On March 06, 2024, after a deliberation of two hours, a New York jury granted Binko $2,500 for his past pain and suffering. However, due to the liability apportionment determined in the initial trial, the award was reduced to $1,000.

Court Documents:

Available upon request