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03-19-2004, 04:20 PM #1
Couple Seek Damages Over Falling 'Iceberg'
NEW YORK -- A couple who say they were nearly killed by a 300-pound ice chunk that crashed through their apartment's roof and shattered on the bed where they were laying have sued the owner of the building next door.
Phillip and Lesley Carter suffered cuts and bruises to their heads and bodies in the Feb. 7 incident, in which the massive chunk of ice fell from the neighboring 10-story building.
"They were lucky to get out alive," said the couple's attorney, James Fitzgerald. "When it hit the bed it exploded into many pieces and sliced them up."
The Carters contend in court papers that a leak in a three-story water tower on the roof of the next building caused an "iceberg" of more than 1,000 pounds to form.
Despite similar ice formations in prior years and warnings from neighbors, Powers did nothing to fix the problem, the lawsuit alleges.
On Feb. 7, around 9:30 a.m., the Carters were in bed, reading newspapers and drinking coffee when "a giant stalactite of ice weighing 300 pounds" broke off the larger chunk of ice and dropped 10 stories into their third-floor apartment on Manhattan's Upper West Side.
The ice tore a 2 1/2-foot diameter hole in the roof and ceiling of their third-floor bedroom.