Bronx Jury Awards $36.4 Million in Premises Brain Injury Case

Largest premises verdict in New York since 2018

Apr. 3, 2026 at 5:18am

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A photorealistic studio still life featuring a shattered glass lens partially obscured by a pool of clear cooking oil, symbolizing the hazardous conditions that caused a worker's traumatic brain injury.A shattered security camera lens reflects the hazardous conditions that led to a worker's catastrophic brain injury in a Bronx supermarket basement.NYC Today

A Bronx County jury has awarded $36,398,000 to plaintiff Honorio Rosario-Silverio in a premises liability case against PPC Commercial, LLC and 1489 Food Corp. (d/b/a Foodtown Supermarket). The verdict, which is the largest premises accident personal injury award in Bronx County in over seven years, stems from a 2017 workplace accident where Rosario-Silverio suffered serious brain and orthopedic injuries after slipping on cooking oil applied to a makeshift ramp in the supermarket's basement.

Why it matters

This landmark verdict highlights the challenges faced by undocumented immigrant workers in securing fair compensation for catastrophic injuries, even when the evidence clearly shows the premises owner's negligence. It also demonstrates the importance of advanced medical evidence in overcoming defense claims of unrelated or exaggerated injuries.

The details

Rosario-Silverio was working for his employer, installing a commercial refrigeration system in the Foodtown supermarket basement, when he slipped on cooking oil applied to a makeshift ramp and fell down the incline. What initially appeared to be a minor injury developed into complex brain and orthopedic trauma requiring extensive medical treatment. The defense contested liability, arguing the supermarket owner was not present and the means and methods were controlled solely by Rosario-Silverio's employer. They also claimed his injuries were unrelated or exaggerated. However, Rosario-Silverio's legal team presented extensive expert evidence linking his injuries to the 2017 accident, despite the defense's attacks on his credibility due to his immigration status and off-the-books earnings.

  • The incident occurred on October 14, 2017 at a Foodtown supermarket in the Bronx.
  • The jury returned the $36.4 million verdict on February 4, 2026.

The players

Honorio Rosario-Silverio

The plaintiff, an undocumented immigrant worker who suffered serious brain and orthopedic injuries in a 2017 workplace accident at a Bronx Foodtown supermarket.

PPC Commercial, LLC

The defendant, the owner of the Foodtown supermarket where the accident occurred.

1489 Food Corp.

Also a defendant, doing business as the Foodtown supermarket where the accident occurred.

Mitchell Proner

The trial counsel for the plaintiff, a nationally recognized trial lawyer and owner of the Law Offices of Proner & Proner in Manhattan.

Daisy Koch

The trial counsel for the plaintiff, working alongside Mitchell Proner at the Law Offices of Proner & Proner.

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What they’re saying

“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.”

— Mitchell Proner, Trial Counsel for the Plaintiff

What’s next

The defense is expected to appeal the record-setting $36.4 million verdict.

The takeaway

This case highlights the challenges undocumented immigrant workers face in securing fair compensation for catastrophic injuries, even when the evidence clearly shows premises owner negligence. It also demonstrates the importance of advanced medical evidence in overcoming defense claims of unrelated or exaggerated injuries.