CG&P is happy to announce that it has obtained a defense verdict in Queens County on a matter involving a severe injury. Plaintiff alleged that he slipped on water while playing basketball on CG&P’s client’s indoor basketball court. Plaintiff demanded $4 million before trial for a ruptured patella tendon and related DVT injury, both of which required hospitalization. Plaintiff claimed a permanent disability and economic loss in excess of $2 million. The defense maintained that there was no water on the court and that the plaintiff’s injuries were caused by attempting a layup while playing basketball. The matter was hard fought with an appeal to the Appellate Division Second Department on the assumption of risk question. The Appellate Division reasoned that since the plaintiff claimed that he fell because of water on the court and not because he was playing basketball assumption of risk did not apply. CG&P was forced to try to the issue as to whether the plaintiff fell on water or whether the accident was a result of playing basketball. Twelve witnesses were called on liability, including three experts. Dom Gallardo was lead trial counsel on the matter. He was assisted by partners June Reiter and Michele Levin, associate Harold Kang, and paralegal Alexander Walsh.