Negligence case stemming from courthouse fall survives city's appeal | amNewYork
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Negligence case stemming from courthouse fall survives city's appeal | amNewYork
"Before taking him to court, city Department of Corrections staff took away Apolinar Solis' cane, which he needed because he had recently had surgery on a diabetic ulcer on the bottom of his foot and was limping in a soft cast. That caused him to lose his balance and fall, Ridelin Solis alleges in her 2015 negligence suit against the DOC."
"In a Dec. 2 ruling, the Appellate Court, First Department affirmed the trial court's rejection of the city's motion for summary judgment. Her lawyer, Gene R. Berardelli of the Law Office of Gerald P. Gross, declined to say how much Solis was asking for in damages because of ongoing negotiations. The case is next scheduled for a settlement conference in mid-February before Manhattan Supreme Court Justice Adam Silvera."
"Underpinning the city's motion was Apolinar Solis' transfer between state and city custody while appearing in court. Daniel Magrino, an officer with the state Office of Court Administration, testified that he was escorting Apolinar Solis at the time of his fall, and that when he got him from the court room to take him to the holding pen, he didn't have a cane."
Ridelin Solis alleges that her father, Apolinar Solis, died from brain swelling and a blood clot after falling down the stairs of Manhattan criminal court while in custody. Department of Corrections staff allegedly removed his cane before court despite his recent surgery for a diabetic foot ulcer and a soft cast, causing him to lose balance. A 2015 negligence suit names the DOC and Corizon Health Inc. The Appellate Court, First Department affirmed denial of the city's motion for summary judgment, allowing the case to proceed. A settlement conference is scheduled before Manhattan Supreme Court Justice Adam Silvera.
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