PREMISES LIABILITY

Taisha Casper, as administratrix of the goods, and credits which were of Mary Casper deceased.
Edward Casper v. Rochdale Village Inc.

Queens Supreme

JUSTICE: Martin J. Schulman

Plaintiff Attorney: Daniel C. Minc, of Rosenberg, Minc, Falkoff & Wolff, New York.

Defense Attorney: Robert L. Bernstein, Jr. Of Baker Greens-span & Bernstein, Merrick.

FACTS AND ALLEGATIONS:

On July 6, 2003, Mary Casper, 69, a homemaker, died after she sustained burns of 30% of her body. Ms. Casper was attempting to activate the shower head of her apartment, in the Rochdale Village Apartment Complex, in the Jamaica section of Queens, when the showers hot water handle and valve stem broke off, causing hot water to shoot out from the pipe and knocked her to the floor.

Ms. Casper’s adult daughter , Taisha Casper, sued the apartment complex’s manager and owner, Rochdale Village, Inc. The estate alleged that the defendant was negligent in its repair of the shower’s hot water handle. Evidence indicated that Rochdale Village had performed a repair of the showers hot water handle and valve stem more than 18 months before the accident. The estate’s counsel claim that the repair was improperly performed, allowing the stem to loosen and eventually break.

Rochdale Village contended that it properly repaired the shower handle and that the accident was caused by a new defect that had not been detected before the accident.

The parties agreed to a 3 Million Dollar pretrial settlement.

INJURIES/DAMAGES: Ms. Casper was conscious, during the 2 ½ days that followed the accident, until a coma was medically induced. Her hospitalization and her unresponsiveness lasted an additional 57 days, until her death. She was survived by her husband and three adult children.