On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle.

Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and

On November 16, 2011, Lush Dacaj slipped on concrete stairs going down to the subway at Rockefeller Center at Sixth Avenue and West 47th Street in Manhattan.

Dacaj slipped on the tread of the third-highest step and fell to the bottom of the stairs sustaining serious neck injuries.

In his ensuing lawsuit against the