Vivian Vitale

Intake Overview: Plaintiff Vivian Vitale, date of birth December 12, 1965 (age 59 at the time of this summary), resides at 502 7th Avenue, New Hyde Park, New York 11040, Nassau County. At the time of the incident, she was employed as a physical education teacher at PS 138 in the Bronx. She is divorced (since approximately 2007), has no spouse plaintiff, and no dependents are identified in the intake. The accident occurred at a location within Nassau County, which is also the county of plaintiff's residence, providing straightforward venue options under current New York venue rules. On March 9, 2015, at approximately 6:30 AM, plaintiff slipped and fell on a patch of ice in the parking lot abutting LA Fitness at 1111 Marcus Avenue, New Hyde Park, New York. She had just finished a cardio and step class with a friend named Jean when her left foot slipped on ice, causing her to lose her balance and fall, allegedly sustaining a severe ankle fracture. Bystanders called 911 and an ambulance responded to the scene. This matter is categorized as premises liability — slip and fall on ice, predicated on a theory of failure to maintain safe conditions through adequate ice removal. The following potential defendants have been identified: Marcus Avenue Unit One Nominee, LLC (lot owner, 1111 Marcus Avenue, New Hyde Park); CT Investment Management Co. (manager); Winthrop Management L.P. and Winthrop Management Corp. (managing agents); 1111 Marcus Avenue Condominium (condominium entity); and R. Mastrangelo Landscaping of Dix Hills, New York (snow and ice removal contractor). LA Fitness is identified as a tenant and is noted to not control or maintain the parking lot. None of the identified defendants appear to be governmental, quasi-governmental, or municipal entities, and no notice of claim issues are apparent from the intake. EMS/ambulance responded to the scene on the date of the incident. Injuries and Treatment: Plaintiff claims the following injuries arising from the March 9, 2015 incident: a displaced and comminuted trimalleolar ankle fracture; a posterior malleolus fracture; post-traumatic ankle arthritis; decreased bone density in the ankle; ankle weakness and abnormal gait/limp; bilateral carpal tunnel syndrome; left ankle/lower leg peripheral nerve injury; cervical nerve injury; right lateral epicondylitis (tennis elbow) with partial tear; Achilles tendon contracture requiring surgical lengthening; ankle joint capsule contracture requiring surgical release; and scar tissue in the ankle requiring surgical debridement. On the date of the incident, March 9, 2015, plaintiff was evaluated at North Shore LIJ (same-day emergency presentation). On March 11, 2015, she was admitted as an inpatient to North Shore University Hospital, where she remained through March 13, 2015 — a two-day inpatient stay. The intake identifies a return encounter at North Shore University Hospital on or around June 25, 2015, though no end date or specific procedure detail is provided for that visit. A further encounter at South Shore Ambulatory Surgery Center is identified with a date of March 7, 2016; no end date, procedure name, or treating surgeon is identified for that visit in the intake, though the injuries listed — Achilles tendon contracture requiring surgical lengthening, ankle joint capsule contracture requiring surgical release, and scar tissue requiring surgical debridement — suggest surgical intervention occurred there. Specific individual treating providers, surgeons, and procedure names are not identified in the intake for any encounter. No information is provided regarding diagnostic imaging studies (MRI, CT, X-ray, EMG), the specific body parts imaged, or the facilities at which imaging was performed. No future scheduled surgery or treatment is identified in the intake. Treatment status (ongoing or concluded) is not specified. Regarding lost wages, the intake reflects that plaintiff exhausted all sick leave by May 2015 and transitioned to a health sabbatical at reduced pay before returning to full pay in August 2015, providing a discrete lost-wage window for which records should be sought. This matter is not a motor vehicle accident; no-fault considerations do not apply. Key Facts and Liability Considerations: - STATUTE OF LIMITATIONS — CRITICAL: This incident occurred on March 9, 2015. The standard three-year statute of limitations for a New York premises liability action would have expired on March 9, 2018. The intake does not reflect any tolling agreements, prior litigation, or other basis for extending the limitations period. The attorney must immediately verify whether any prior action was timely filed and is currently pending, or whether a tolling basis exists, before any further case evaluation. Acceptance of this matter without resolution of the SOL issue would be inadvisable. - Multiple defendants identified, including a snow and ice removal contractor (R. Mastrangelo Landscaping), whose contractual scope of work and indemnification obligations will be central to the liability analysis; the snow and ice removal contract should be obtained immediately. - LA Fitness is identified as a tenant with no control over the parking lot; however, its potential duty of care as a tenant and any contractual obligations should be independently assessed before it is categorically excluded as a potential defendant. - Individual treating providers and surgeons are not identified for any encounter; specific surgery details (procedure names, dates confirmed, and surgeons) for the June 25, 2015 North Shore University Hospital encounter and the March 7, 2016 South Shore Ambulatory Surgery Center encounter are absent from the intake. - Plaintiff sustained a documented wage loss, transitioning from full pay to sick leave exhaustion by May 2015 and then to a reduced-pay health sabbatical before returning to full pay in August 2015; employment and payroll records will be needed to quantify this loss. - No preexisting conditions, prior injuries, prior surgeries, or prior treatment to any of the claimed body parts are identified in the intake; this does not mean none exist, and the attorney should confirm. - No health insurance, Medicare, Medicaid, workers' compensation, or ERISA plan information is provided; lien and subrogation exposure is unknown. - No prior firm rejection of this matter is indicated; plaintiff found the firm through an internet search. - No witnesses beyond the friend "Jean" (last name unknown) are identified in the intake. - No police report information is provided; it is unknown whether a report was generated in connection with the 911/EMS response. - No parallel criminal proceedings against any defendant are identified. - Plaintiff is not a minor, incapacitated person, or decedent; no guardianship or estate administration issues are present. - No credibility concerns, prior criminal convictions, or substance abuse history are flagged in the intake. Information Gaps: - STATUTE OF LIMITATIONS STATUS — MOST URGENT: The incident date is March 9, 2015. The three-year SOL would have expired March 9, 2018, more than seven years ago. Whether a timely action was previously filed and remains pending, and whether any tolling basis exists, must be confirmed before the attorney makes any acceptance decision. - Whether a summons and complaint or index number exists for any prior action filed in connection with this incident, and the current status of any such action. - Specific individual treating providers and attending surgeons for all encounters — North Shore LIJ (March 9, 2015), North Shore University Hospital (March 11–13, 2015 inpatient admission), North Shore University Hospital (June 25, 2015), and South Shore Ambulatory Surgery Center (March 7, 2016). - Specific procedure names and confirmed dates for surgeries, particularly the June 25, 2015 North Shore University Hospital encounter and the March 7, 2016 South Shore Ambulatory Surgery Center encounter. - Whether plaintiff underwent surgery during the March 11–13, 2015 inpatient admission and, if so, the procedure name and surgeon. - Diagnostic imaging performed (MRI, CT, X-ray, EMG), body parts imaged, dates of imaging, and facilities where imaging was conducted. - Whether any future surgery or treatment is currently scheduled, and if so, the provider and anticipated date. - Whether plaintiff's treatment is ongoing or concluded. - Health insurance carrier, plan type (commercial, Medicare, Medicaid, self-funded ERISA), and any known lien or subrogation exposure. - Workers' compensation: whether plaintiff filed a workers' compensation claim for the income loss period (given she was a public school teacher, a workers' compensation lien could be present if any claim was filed). - Prior injuries, surgeries, or treatment to the left ankle, right elbow, cervical spine, bilateral wrists, or any other body part now claimed. - Full identity of the witness "Jean" — last name, contact information, and whether she witnessed the fall. - Whether a police report was generated in connection with the 911/EMS response and, if so, whether plaintiff has a copy or the report number. - Insurance information for any or all defendants — carrier identity and applicable coverage limits. - Whether plaintiff was previously represented by another attorney or firm for this incident. - Whether plaintiff has copies of any incident or maintenance records from the parking lot or any of the defendant entities. - Snow and ice removal contract between R. Mastrangelo Landscaping and the property owner(s), including scope of work, response obligations, and any indemnification provisions. - Dependents, if any (not stated in the intake). - R. Mastrangelo Landscaping's formal corporate name and registered address beyond "Dix Hills, New York." - Addresses for CT Investment Management Co., Winthrop Management L.P., and Winthrop Management Corp. --- PRELIMINARY MEDICAL CHRONOLOGY 2015-03-09 — North Shore LIJ — Initial emergency presentation, same day as incident; ambulance transport confirmed; specific provider unknown; records not yet obtained. 2015-03-11 — North Shore University Hospital — Inpatient admission; specific provider/surgeon unknown; procedure(s) performed during admission unknown; records not yet obtained. 2015-03-13 — North Shore University Hospital — Discharge from inpatient admission (two-day stay March 11–13, 2015). 2015-06-25 — North Shore University Hospital — Follow-up encounter or surgical procedure; no end date provided; specific provider, procedure name, and nature of encounter unknown; records not yet obtained. 2016-03-07 — South Shore Ambulatory Surgery Center — Surgical encounter (probable, based on injuries listed: Achilles tendon contracture surgical lengthening, ankle joint capsule contracture surgical release, ankle scar tissue debridement); specific procedure name(s), surgeon, and end date not confirmed in intake; records not yet obtained.