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Carone v. St. George Theater Restoration

Fall Victim Entitled to Pain, Suffering Award Minus One-Third for Comparative Negligence

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*1  This is the decision on damages following a nonjury trial. The Court had previously found the St. George Theater two-thirds liable for Diane Carone’s fall on September 15, 2012:1 “I was in the seat. I got up, moved to my right. There was a half a step. I slipped on that step. I started to tumble [and fell] one or two steps, three steps” (tr 28):2 Q. You fell from when you missed the step, you fell onto your back and then you rolled, correct?A. Yes.Q. And you rolled down a couple of steps, right?A. Yes.Q. And that was the accident?A. Yes (tr 84).Ms. Carone drove herself home; two days later, her husband drove her to the hospital emergency room, where she complained about her back and that her right leg felt numb.Diane Carone testified that before September of 2012, she went out socially with friends to plays and concerts, visited her daughter in Manhattan, cooked, cleaned, shopped and gardened, went up and down the stairs in the house and walked at least six miles a day. There was “not a thing that I did not do for myself or for my family and friends” (tr 24).Since the accident, plaintiff said that she does some light cooking, dusts, cannot stand for long periods, drives less, no longer takes extended walks for exercise and tries to limit herself to one trip up and down the stairs in her and her husband’s house. “He runs around constantly.

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