STATEN ISLAND, N.Y. -- Some people are reluctant to sue a relative or friend over an accident for fear of straining or even severing their relationship.

Yet such lawsuits aren't unheard of - particularly if the party alleged to be at fault has insurance.

Such was the case of New Dorp resident Joseph Moschella.

Moschella, 54, sued his mother, Mary Moschella, now 86, for leg injuries he suffered four years ago when he fell on a staircase leading to an apartment he rented from her.

Moschella, who sustained a badly fractured femur that laid him up for seven months, has settled his lawsuit with his mother's insurance carrier for $400,000, said his lawyer, Jonathan D'Agostino.

"Accidents in the home of a friend, neighbor or relative are very common, but many people are afraid to bring such negligence claims, even though their injuries may be pretty serious," said the Eltingville-based attorney. "The bottom line is that it's nothing more than an insurance claim, and there is no personal exposure when there is adequate coverage."

According to court papers, the incident occurred April 3, 2008, at around 3 p.m.

Moschella and his wife, Pamela, had rented an upstairs apartment in his mother's Bryant Avenue home. Mary Moschella lives on the lower-level of the two-family residence she owns.

Moschella, then 50, was about to descend an interior staircase when he tripped or slipped on a torn vinyl runner covering the top steps, said D'Agostino.

He fell down the entire flight of stairs, severely injuring his right femur. The femur is the thigh bone.

Moschella was taken to Staten Island University Hospital where he remained for the next six days. He then underwent more than seven months of rehabilitation, said court papers.

Moschella and his wife sued his mother for $5 million in state Supreme Court, St. George.

Mary Moschella's insurer, Allstate, recently agreed to settle the case for $400,000, said D'Agostino.

Mary Moschella's lawyer did not immediately return a telephone call today seeking comment.

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