This case is being heard in the trial term of the Supreme Court of Bronx County part V. The plaintiff is seeking to recover damages for personal injuries that were allegedly sustained by him as a result of stepping on a brick that was broken on a stairway that was not lit leading from the ninth to the eighth floor of Building number 28 of the Edenwald Housing Project. The plaintiff claims that as a result of stepping on the brick he sustained an aggravation of a pre-existing malignant tumor of the left breast.
The plaintiff testified that on the morning of February 9th, 1953 he went out to check on the employees who were working on the building. He went to building number 30 first and noticed there were no lights in the building. He moved on to building number 29 and noticed that it too had no lights. He moved on to building 28 and took the elevator up to the fourteenth floor. He got off the elevator and when he went to go back down the button was jammed. The plaintiff then took the stairs. The stairwells did not have any natural light and there were no lights on from top to bottom of the stairwell. He walked down in the dark holding on to the railing. He inspected each floor along the way. When he started to go from the ninth floor down to the eighth floor he stepped on a brick and fell down a whole flight of stairs. He hit his left breast on a bolt on his way down. His nipple was hanging off of his left breast. He was helped to a first aid station and his knee and nipple were bandaged.
The plaintiff did not receive any more medical attention regarding the incident until almost four months later when he went in to have a tumor removed from his left breast.
Court Discussion and Decision
There was some question as to the date the accident occurred, but the plaintiff’s wife confirmed that it was on the 9th of February. There are variations to the actual story of what happened on the day in question. One witness stated that he saw the plaintiff come out of building 28 and that he was shown his bleeding breast.
There are several issues with this case in regard to how the plaintiff actually injured himself and whether or not it even occurred on the date in question. There is no way to know if there was a bolt protruding from the wall that caused the plaintiff to nearly rip off his nipple.
After reviewing all of the facts that have been provided it are deemed that the evidence supplied by the plaintiff is unreliable. For this reason the complaint is dismissed. The ruling is in favor of the defendants of the case.
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