$36.4 Million Bronx Verdict After Worker Suffers Traumatic Brain Injury at Foodtown Supermarket
A Bronx County jury has awarded $36,398,000 to a worker who suffered a traumatic brain injury and serious orthopedic injuries after slipping on cooking oil applied to a makeshift ramp inside a Parkchester supermarket. The verdict, returned February 4, 2026 in the Supreme Court of the State of New York, Bronx County, is the largest premises-accident personal injury verdict in the Bronx in more than seven years, and the largest personal injury verdict on record in New York State for an individual undocumented immigrant worker. Case at a Glance Verdict: $36,398,000 Case Type: Premises Liability / Traumatic Brain Injury Court: Supreme Court of New York, Bronx County Judge: Hon. Wilma Guzman Verdict Date: February 4, 2026 Case No.: 31210/2017E Plaintiff: Honorio Rosario-Silverio Defendants: PPC Commercial, LLC; 1489 Food Corp. d/b/a Foodtown Supermarket (Parkchester, Bronx) Plaintiff Attorneys: Mitchell Proner and Daisy Koch, Proner & Proner (Manhattan)What Happened in the Foodtown Basement On October 14, 2017, Honorio Rosario-Silverio was working at a Foodtown supermarket in the Parkchester section of the Bronx. His employer, a non-party to the lawsuit, had been hired to install a commercial rack refrigeration system in the store's basement. To move the heavy equipment downstairs, workers placed a metal plate over the basement stairway to create a makeshift ramp. According to evidence presented at trial, cooking oil was then applied to the surface of the ramp so the refrigeration components would slide down more easily. The plaintiff contended the oil was supplied at the direction of the supermarket owner to speed up the work. While positioned at the top of the ramp to guide the equipment, Rosario-Silverio slipped. The oil that had coated the ramp had also worked its way onto his shoes. He fell down the incline. At Jacobi Hospital, he was treated and discharged with four stitches to his forearm. It appeared, initially, to be a minor injury. It was not.A "Minor Injury" That Changed Everything Over time, Rosario-Silverio was diagnosed with significant shoulder and cervical spine injuries requiring surgery. He was also diagnosed with a mild traumatic brain injury. The plaintiff's team presented advanced neurological evidence to establish the brain injury objectively. A brain-injury expert testified that DTI MRI imaging and NeuroQuant volumetric analysis, technologies that measure structural changes in brain tissue, confirmed trauma and placed Rosario-Silverio at increased risk for early dementia. A neuroradiologist corroborated those findings. The treating cervical spine and shoulder surgeons each testified that the surgeries performed were caused by the 2017 fall, not a separate accident in 2020 that the defense attempted to use to shift blame. The jury's damages award reflected the full scope of the injury: $5,000,000 - past pain and suffering $20,000,000 - future pain and suffering $10,000,000 - future medical expenses $468,000 - past lost earnings $930,000 - future lost earningsHow the Defense Fought and Why the Jury Disagreed The defense contested nearly every element of the case. On liability, they argued the supermarket owner was not present during the work and that all means and methods were controlled solely by Rosario-Silverio's employer. They also claimed he chose to walk up the ramp rather than use the adjacent staircase, making his own fall the product of his own decision. On damages, the defense presented a neurologist and neuroradiologist who testified that Rosario-Silverio had sustained no brain or neck injury and was capable of returning to work. They pointed to a 2020 accident as the true source of his orthopedic complaints and argued the plaintiff was seeking double recovery. Throughout the trial, the defense also attacked Rosario-Silverio's credibility directly, emphasizing that he was undocumented, paid off the books, and had not fully reported his earnings for tax purposes. The jury rejected those arguments in full. "This verdict reflects the jury's recognition that serious brain and orthopedic injuries are real and life-altering, even when defendants try to dismiss them as minor, unrelated, or the product of a later incident," said Mitchell Proner, trial counsel for the plaintiff. "The defense highlighted his immigration status, his off-the-books earnings, and a subsequent accident, but the evidence showed that what happened in that supermarket basement permanently changed Mr. Rosario-Silverio's life."Why This Verdict Matters This result is significant on two levels. First, the medical evidence strategy. The plaintiff's team used DTI MRI imaging and NeuroQuant analysis, tools not yet routine in courtrooms, to make an invisible injury visible to a jury. When the initial ER records showed only a forearm laceration, the defense had a compelling narrative. Plaintiff counsel dismantled it with objective imaging that the defense's own experts could not credibly refute. Second, the plaintiff's background. Defendants repeatedly raised Rosario-Silverio's undocumented status and off-the-books employment as reasons to discount his claims. The Bronx jury declined to do so. The result sets a clear record: immigration status does not diminish the value of a human life or the accountability of a property owner under New York premises liability law. For plaintiff attorneys handling traumatic brain injury or premises liability cases in New York, this verdict is a study in how to overcome a defense built on credibility attacks, competing causation theories, and a thin initial injury record. Major Verdict is the only platform where plaintiff attorneys publicly document their trial results and settlements, building a searchable record of what juries actually award. Browse the latest verdict news or find a plaintiff attorney in New York with the trial record to back it up. Plaintiff attorneys with results worth showcasing, create your free profile on Major Verdict and let your record speak for itself.FAQ Q: What is a mild traumatic brain injury and how do attorneys prove it in court? A: A mild traumatic brain injury, or mild TBI, refers to a brain injury that may not appear on standard imaging like a CT scan or conventional MRI but causes real, lasting neurological changes. In court, plaintiff attorneys increasingly rely on advanced imaging tools such as DTI MRI, which maps the structural integrity of white matter tracts in the brain, and NeuroQuant volumetric analysis, which compares brain structure against age-matched norms. In this case, those tools provided objective evidence of brain damage that overcame the defense's claim that Rosario-Silverio had sustained no neurological injury. Q: Can an undocumented worker sue for personal injury in New York? A: Yes. Under New York law, immigration status does not bar a person from bringing a personal injury claim or recovering damages. Undocumented workers are entitled to the same premises liability protections as any other person injured on someone else's property. Lost earnings claims can be more complex, but juries are not permitted to reduce awards based on a plaintiff's immigration status alone. This verdict reinforces that principle at a historic scale. Q: What is premises liability and when does it apply to a workplace accident? A: Premises liability holds property owners responsible for maintaining safe conditions on their property for people who are lawfully present. Even when a worker is employed by a contractor rather than the property owner, the owner can be held liable if an unsafe condition on the property, such as an oil-coated makeshift ramp, caused the injury. In this case, the jury found PPC Commercial and Foodtown Supermarket liable despite their argument that the plaintiff's employer controlled all means and methods of the work.