Appeals Court Clears Way for Trial in Manhattan Courthouse Fall Death

NEW YORK — A state appeals court has allowed a wrongful death lawsuit to move toward trial after an inmate died following a fall down stairs inside Manhattan Criminal Court.

The Appellate Division, First Department, ruled Dec. 2 that the family of Apolinar Solis may proceed with negligence claims against New York City and a private health care provider. The court affirmed a lower court’s decision denying the city’s request to end the case without a trial.

Fall While in Custody

The lawsuit was filed in 2015 by Solis’ daughter, Ridelin Solis. She alleges the city’s Department of Correction was responsible for her father’s death after he fell while being transported inside the courthouse.

Apolinar Solis was in custody at the time. He was being escorted from a courtroom to a holding area in Manhattan Criminal Court. According to the complaint, he fell down a flight of stairs and later died from brain swelling and a blood clot.

Cane Removed Before Court Appearance

The lawsuit alleges that correction officers took away Solis’ cane before his court appearance. Solis needed the cane because he had recently undergone surgery on a diabetic ulcer on the bottom of his foot. He was walking with a limp and wearing a soft cast.

Ridelin Solis claims that removing the cane caused her father to lose his balance and fall. The suit names the city and Corizon Health Inc., a medical services provider for inmates at Rikers Island, as defendants.

City Disputes Responsibility

The city argued that Solis was not in the custody of the Department of Correction at the time of the fall. The city said he was under the supervision of the state Office of Court Administration and that there was no proof DOC staff deprived him of his cane.

Daniel Magrino, an officer with the Office of Court Administration, testified that he was escorting Solis when the fall occurred. He said Solis did not have a cane when he received him from the courtroom.

Judges Reject Summary Judgment

The appeals court rejected the city’s arguments. In the decision, Judge Kingo wrote that simply pointing to gaps in the plaintiff’s evidence was not enough to win dismissal of the case.

The judge cited testimony from a deputy warden indicating that Solis’ cane would have been taken by DOC staff while he was on the transport bus and each time he was placed in a holding cell. The court found the defendants failed to show that the cane was returned to Solis before his fall.

Case Moves Toward Trial

Solis’ attorney, Gene R. Berardelli of the Law Office of Gerald P. Gross, said the family is prepared to go to trial. He declined to disclose the amount of damages being sought, citing ongoing negotiations.

The case is scheduled for a settlement conference in mid-February before Manhattan Supreme Court Justice Adam Silvera.