Sikora v. Apex Beverage Corp.

Plaintiff, walking down a ramp in a subway station, slipped and fell in front of a soda vending machine owned and operated by defendant corporations. He observed that the surface where he fell was wet with a sticky substance and that the wooden platform on which the vending machine rested was also wet. Presumably, the wetness was due to the beverage leaking from the machine or being spilled by a patron.

Plaintiff fell on his right shoulder, hip, head and back. The resulting injury was inconsequential except for the claimed aggravation of an existing breast cancer. Plaintiff testified that he…