$2,700,000 Settlement Pedestrian Injured as a Result of Uneven Pavement
In a New York case, our client was walking on the sidewalk when she tripped and fell on uneven pavement. As a result of the accident, she suffered serious injuries, including tears to her knee and herniated discs to both the cervical and lumbar regions of her spine. She ultimately required spinal fusion surgery and arthroscopic knee surgery. Represented by Block O’Toole & Murphy, she received a $2.7 million settlement in the lawsuit.
Court and County
Supreme Queens
Age and Occupation of Plaintiff
Plaintiff was 50 years old on the date of the accident. Plaintiff was employed as a Case Manager for adolescents with substance abuse.
Facts and Allegations
Plaintiff was injured when she was caused to trip and fall on a raised and cracked sidewalk flag in front of defendant’s property. Plaintiff alleged the defendant property owner had the duty to routinely inspect the sidewalk and repair same if needed. Plaintiff further alleged that the raised and cracked sidewalk condition existed for at least 6 months prior to the accident and defendant failed to repair said defect.
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Injuries/Damages
Plaintiff sustained cervical herniations requiring fusion surgery at the C4-C5 and C5-C6 segments and lumbar herniations requiring fusion surgery at the L3-L4 and L4-L5 segments. Plaintiff also sustained tears to the right knee requiring arthroscopic surgery.
Plaintiff made claims for past and future medical expenses as well as pain and suffering and loss of enjoyment of life.
Settlement Amount
The parties negotiated a $2,700,000 pretrial settlement.
Attorneys
The case was handled by Stephen Murphy and Michael Hurwitz.