ALBANY, N.Y. (June 30, 2017) – On June 14th, a Warren County Supreme Court jury awarded a $1,129,000.00 verdict to Carol and James Artibee in their personal injury and negligence lawsuit against Home Place Corporation, known locally as the Bixby Estate located on Route 9N at Mohican Point in Bolton Landing. Carol Artibee, who was represented by attorney James T. Towne, Jr. of Towne, Ryan & Partners, P.C., sustained severe personal injuries on August 15, 2011 when a portion of a tree overhanging State Route 9N in the Town of Bolton fell through the soft-top Jeep that she was operating with a force estimated at 1,180 pounds striking her on the head. The Honorable Robert J. Muller presided over the seven-day trial.
The lawsuit, which was filed in Warren County Supreme Court in January 2012, alleged that the accident and Carol Artibee’s resulting significant personal injuries, as well as her husband’s related claims, were caused by the defendant’s negligence in failing to properly maintain its property thereby exposing members of the public travelling on Route 9N to a significant risk of injury.
Since the date of the accident, Carol Artibee has experienced severe and permanent personal injuries and substantial damages including, but not limited to, pain, suffering, disability, past and future medical expenses, and lost wages.
Over the course of the seven-day trial, the jury heard both in-person and video recorded testimony from 12 witnesses for the plaintiff, including Carol and James Artibee, two of Artibee’s doctors and an arborist as well as two witnesses for the defendant.
The jury deliberated for four hours before delivering its decision.
The verdict comes just four months after the New York State Court of Appeals reversed a decision of the New York State Appellate Division, Third Judicial Department, with the Court of Appeals ruling that the defendant was not permitted a jury charge on apportionment of liability with the State of New York pursuant to Civil Practice Law and Rules (CPLR) 1601(1).
A separate action by the Artibees remains pending in the Court of Claims regarding the State’s liability for the same injuries currently scheduled for trial in November 2017.