On November 21, 2003, Plaintiff twisted her ankle and fell while exiting her school, P.S. 66, during a fire drill. The Plaintiff alleged that the ramp leading from the exit door to the surface of the schoolyard and the asphalt surface of the schoolyard at the accident site was a defective and hazardous condition and in violation of several sections of the New York City Building Code due to the slope and unsafe construction and condition of the ramp and the deterioration and spalling of the schoolyard surface. The Plaintiff alleged that the Defendants had actual and constructive notice of these conditions. The Plaintiff admitted that she had attended the school in question for six (6) years prior to the date of the incident and had been aware of the defect the whole time she was at the school.
The Plaintiff sustained a fractured lateral malleolus and underwent an arthroscopic repair of her ankle in 2005 and 2009. The Plaintiff also alleged that she continued to experience pain and instability in her ankle and would require future treatment and surgical procedures.
The Defendants alleged that the Plaintiff only continued to suffer from internal derangement of the left ankle which would resolve with no residual sequellae and that she was not disabled from performing her usual activities of daily living. The Defendants further contended that the Plaintiff had a congenital condition that predisposed her to a twisting injury and that her obesity was complicating her recovery.
Settlement amount: $1,500,000
The case was handled by Daniel P. O'Toole and Fred Aranki of Block O'Toole & Murphy.