Tracy Foote et al. v. Surf & Turf Charters, LLC, d/b/a Case’s Place

Case Background

Tracy and Paul Foote filed a restaurant premises liability lawsuit after Tracy sustained severe and permanent injuries at a restaurant in New York. The case was filed in the Suffolk County Supreme Court, New York. Judge Robert F. Quinlan presided over this case. [Case number: 615455/2019]

Cause

Tracy and Paul Foote have been long-term residents of Suffolk County, New York. The New Suffolk Waterfront Fund, Inc., a not-for-profit organization, operates under New York State laws and maintains its business within the state. It owned, operated, and controlled a property at 650 First Street in New Suffolk, New York, where the restaurant Case’s Place was located.

Surf & Turf Charters, LLC, a limited liability company registered in Suffolk County, also operated under New York State laws. Surf & Turf leased, managed, and controlled Case’s Place in partnership with the New Suffolk Waterfront Fund. Both entities maintained, occupied, and supervised the premises during the time in question.

The business relationship between the New Suffolk Waterfront Fund and Surf & Turf Charters was formalized through a written lease agreement. Both organizations shared responsibilities for managing the property, ensuring it remained operational and safe for patrons. This collaboration placed shared accountability for the property’s upkeep and activities.

On July 5, 2019, at around 8:15 p.m., Tracy Foote visited Surf & Turf Charters, LLC d/b/a Case’s Place.

While on the restaurant property, Foote was knocked down due to the alleged negligence and carelessness of the Defendants and their staff. The incident caused Foote to fall violently onto the interior floor, resulting in personal injuries.

Injury

Tracy Foote sustained severe injuries that left her sick, sore, and disabled, conditions that have persisted over time. Her injuries were permanent and directly resulted from the incident in question.

If any of these injuries or conditions existed before the accident, they had been dormant and inactive. The accident caused them to become active, worsen, and accelerate, significantly impacting her health and well-being.

Damages

In the premises liability complaint, Tracy Foote experienced severe physical pain, emotional distress, and significant mental anguish. Her injuries forced her to seek ongoing medical treatment and disrupted her ability to engage in her usual activities and work. She also faced financial losses and incurred additional expenses for her recovery.

Her injuries were permanent and will continue to affect her physically and financially. She will likely require further medical treatment and care in the future. Due to these circumstances, Tracy Foote suffered damages that exceeded the jurisdictional limits of applicable courts.

As a result of Tracy Foote’s injuries, Paul Foote lost his wife’s services and support. He had to pay for medical, surgical, and rehabilitation expenses to help her recover. These costs included hospital care, nursing, and psychological treatment.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Tracy Foote | Paul Foote
    • Counsel for Plaintiff(s): Stephen B. Toner
  • Defendant(s): Surf & Turf Charters, LLC, d/b/a Case’s Place | The New Suffolk Waterfront Fund, Inc. | New Suffolk Waterfront Fund
    • Counsel for Defendant(s): Michael Cannella | Joseph McSpedon | Christopher John White

Claims

In their complaint, they included claims of premises liability, negligence, and loss of consortium. Tracy Foote’s injuries resulted solely from the Defendants’ careless and negligent management, operation, and maintenance of the premises. She bore no responsibility for the accident.

The Defendants created an unsafe and hazardous environment, posing a danger to visitors and the general public, including Tracy Foote.

As a consequence of Tracy’s injuries, Paul Foote, her husband, lost the support and services she previously provided.

Defense

Defendants Surf & Turf Charters LLC, New Suffolk Waterfront Fund, and New Suffolk Waterfront Fund, Inc. responded to the Plaintiffs’ amended complaint with multiple defenses.

Defendants argued that the Plaintiffs’ injuries were caused by assumed risks, third parties, or their own actions. They denied liability, citing a lack of duty, notice, or sufficient facts in the complaint. Defendants also claimed the injuries stemmed from open and obvious risks and asserted limited liability under CPLR Article 16, along with a lack of legal relationship (privity) with the plaintiffs.

On February 23, 2024, the Court granted the New Suffolk Waterfront Fund, Inc. and New Suffolk Waterfront Fund’s motion for summary judgment and amended the caption of the lawsuit, removing them from the list of named defendants in the present premises liability lawsuit.

Jury Verdict

On March 13, 2024, the first jury, tasked with determining liability, returned a verdict in favor of the Plaintiffs. The jury found Defendant Surf & Turf Charters 60% liable and Plaintiff 40% liable.

A second jury was selected to decide the issue of damages. On June 28, 2024, the jury awarded the following damages:

For Tracy Foote:

  • Past damages –
    • Pain and suffering: $750,000
    • Medical expenses: $113,602.44
  • Future damages –
    • Pain and suffering: $800,000 over 22.2 years [reduced to 10 years under CPLR 5041(e)]
    • Medical expenses: $250,000 over 22.2 years

Total for Tracy Foote: $1,913,602.44

For Paul Foote

  • Past damages –
    • Loss of Services: $30,000

The total raw verdict came up to $1,943,602.44. After accounting for the Defendant’s 60% liability, Tracy Foote’s damages were reduced to $1,148,161.46 and Paul Foote’s damages came to $18,000.

On August 15, 2024, a judgment consistent with the verdict was entered.

Court Documents:

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