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LOCKPORT - A Niagara Falls woman, who said she was injured in falling down a short flight of stairs at a business in that city, lost her lawsuit Wednesday - for the second time.
A State Supreme Court jury took less than an hour to decide that landlords James and Marie Briganti and store owner Robert Seager were not negligent when Gail L. Harris, 57, of Welch Avenue, fell down a set of three steps in front of Can-Am Mail Box Rental, 2315 Whirlpool St., on Feb. 21, 2008. She allegedly tripped over a raised door sill.
In April 2011, Niagara County Judge Sara Sheldon Farkas threw out the case at the close of the plaintiff's evidence, but the Appellate Division of State Supreme Court ruled the case should have gone to the jury. Justice Richard C. Kloch Sr. handled the two-day retrial.
Harris' attorney, Scott Stepien, asserted the verdict was "inconsistent with the undisputed evidence" and said he will ask Kloch to throw out the verdict, and pursue an appeal if Kloch denies the motion. Daniel Caffrey represented the defendants.