London Fischer congratulates Anthony F. Tagliagambe in obtaining a defense verdict in Younger v. Edith And Carl Marks Jewish Community House Of Bensonhurst, Inc. in Supreme Court, Kings County. Plaintiff claimed that he sustained significant injuries while playing basketball at the defendant’s gym. Plaintiff claimed when he chased a loose ball, he began to stumble and fell into a bleacher that was located 1 ½ feet outside the basketball court sidelines.
At trial, Mr. Tagliagambe established through rigorous cross examination of Plaintiff and Plaintiff’s liability expert that the defendant’s gym was reasonably designed and maintained and that Plaintiff assumed any risks associated with playing basketball. Following a five-day trial, the jury rendered a unanimous defense verdict.