Shooting Victim Claimed Building’s Security Was Lax
On June 7, 1997, plaintiff Musa Sanyang, 41, a carpenter, was entering his apartment building at 1006 Gerard Ave., in the Bronx. As he entered the building’s elevator, he was attacked from behind by two unidentified assailants. A struggle ensued, and he was shot four times. There were no arrests made.Sanyang sued the building’s owner, 1006 Holding Corp., LLC. He alleged that the defendant negligently failed to provide proper security for the building’s occupants.Sanyang claimed that the locks to the front and side doors were broken and that the building’s superintendent was notified on multiple occasions. Sanyang’s security expert determined that the building’s security was inadequate and that it was a haven for criminals.
The defense claimed that it had repaired the locks on many occassions, but that the locks were constantly being broken. The defense also argued that the condition of the locks did not matter because the assailants followed Sanyang into the building. A nonparty witness that assisted Sanyang after he was shot claimed that Sanyang told her that the assailants “followed me in.”
The defense’s safety expert determined that the assailants would have been able to enter the building no matter what locks were on the doors.
Sanyang sustained four gunshot wounds: one head wound, one neck wound and two abdominal wounds. He was placed in an ambulance and transported to Jacobi Medical Center, in the Bronx. He underwent emergency surgery to remove the fragments and close the wounds, which was followed by a two-week-long hospitalization.
Sanyang also claimed that he suffered post-traumatic stress disorder and developed a fear of strangers. Sanyang’s expert neurologist determined that Sanyang had a partial permanent disability in his neck and back and would require future surgery to remove bullet fragments from his cervical spine.
Sanyang’s gastrointestinal expert determined that Sanyang requires bowel surgery and had to alter his diet.
Sanyang’s vocational-rehabilitation expert estimated Sanyang’s past and future lost earnings at $800,000. He opined that he Sanyang experienced a loss of earnings because he could no longer work as a carpenter and had to work in a lesser capacity doing menial tasks, such as sweeping.
Sanyang claimed that he has permanent physical and emotional disabilities. He sought recovery of unspecified damages for his lost earnings and his past and future pain and suffering.
The defense did not contest the injuries. However, the defense’s vocational-rehabilitation expert determined that, given Sanyang’s experience and education, he could return to work in a sedentary capacity and equal his pre-accident earnings.
During the trial’s third day, the parties agreed to a $300,000 settlement.