A 26-year-old man fell over an apartment stairway railing after slipping on an excessively wet common area. Not only was the railing 5 inches shorter than the height requirement in modern building codes, but the property owner neglected to replace a rain downspout causing dangerously slippery conditions.
The plaintiff suffered multiple-level spinal cord fractures when he landed on a parking area below the stairway. He was officially classified as a T-11 ASIA C paraplegic. He will never regain use of his lower extremities.
The 26-year-old plaintiff reached out to Wayne O’Bryan to sue the property owner. While the property owner and property manager vigorously contested that the building was “grandfathered,” therefore subject to the height requirements at the time the building was built. Mr. O’Bryan successfully argued that since the stairway railing was repaired in the last few years, it had to comply with universally-accepted modern safety standards.
Attorney Irving Blank called this one of the most complicated cases he has seen during his 52-year career, but despite these challenges, Mr. O’Bryan was able to secure a $4,000,000 settlement for the plaintiff, who was suffering from $1,000,000 in medical bills.
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