Mark Perry v. Van Blarcom Closures, Inc.

Case Background

On December 23, 2019, Plaintiff Mark Perry filed a premises liability lawsuit in the New York State, Kings County, Supreme Court(Case number: 527874/2019). Judge Robin K Sheares presided over this case.

Cause

In December 2018, Plaintiff Mark Perry walked along the sidewalk on Sanford Street in Brooklyn, New York. The sidewalk, adjacent to premises owned and maintained by Defendant Van Blarcom Closures, Inc., was in a hazardous condition. The Defendant failed to repair the sidewalk or place warning signs despite their duty to ensure a safe, walkable surface. Over time, the sidewalk became cracked, uneven, and littered with loose, broken areas. These dangerous conditions remained unaddressed. As a result, Mark Perry tripped and suffered a sidewalk injury caused by the defective sidewalk.

Injuries

Mark Perry sustained multiple injuries from the fall. He endured severe bodily harm, significant pain, and mental anguish. His injuries disrupted his daily activities and diminished his quality of life. Medical professionals described the injuries as severe and potentially permanent. Perry required extensive medical care and rehabilitation, causing him considerable physical and emotional discomfort.

Damages

The Plaintiff faced substantial medical expenses for treatment and recovery. The sidewalk injury also limited his ability to perform everyday tasks and caused ongoing distress. Perry’s reduced quality of life and mental anguish further compounded the damages. These hardships led him to seek compensation through a premises liability lawsuit, as the damages exceeded the jurisdictional limits of lower courts in New York.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Mark Perry
    • Counsel for Plaintiff: Herbert S Subin
  • Defendant(s): Van Blarcom Closures, Inc.
    • Counsel for Defendants: Peter John Calandrella | Jessica Lynn Smith | Eric Zachary Leiter

Claims

Mark Perry claimed that Van Blarcom Closures, Inc. acted negligently by failing to maintain the sidewalk in a safe condition. He alleged that the broken and hazardous sidewalk created an unreasonable danger for pedestrians. Perry contended that the unsafe conditions constituted a public nuisance and a hidden trap for lawful users of the sidewalk. He relied on the doctrine of Res Ipsa Loquitur, arguing that the Defendant had both actual and constructive notice of the defective sidewalk. Through his premises liability lawsuit, Perry sought damages for his injuries, medical expenses, and emotional suffering caused by the sidewalk injury.

Defense

The defense denied knowing about the hazardous sidewalk or any defects in the area. They argued that Mark Perry contributed to his own sidewalk injury through negligence and failed to mitigate his damages. They claimed that the sidewalk’s condition was open and obvious, posing no inherent danger. The defense also denied any breach of duty, stating the incident was unforeseeable and not their responsibility. Additionally, they alleged that third-party actions might have contributed to the accident. As part of their defense, they requested the dismissal of the premises liability lawsuit and sought to proportionally reduce any damages awarded based on Perry’s contributory negligence.

Jury Verdict

On May 7, 2024, the jury held Van Blarcom Closures, Inc. 100% liable for the sidewalk injury. They awarded Mark Perry $1,544,032.37 in damages. For past pain and suffering, the jury awarded $550,000.00. They also allocated $136,532.37 for past medical expenses. For future damages, the jury awarded $550,000.00 for pain and suffering over ten years (adjusted per CPLR 5041[e]) and $307,500.00 for future medical expenses over 41 years.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com