$2,750,000 for Woman Injured in Trip and Fall on Uneven Sidewalk


Supreme Court, Bronx County


Plaintiff is a 44 year old unemployed mother of two.


On November 6, 2007 the plaintiff, a 39 year old lifelong New York City resident, was walking on the sidewalk in the Bay Plaza Shopping Center in the Bronx when she was caused to lose her balance by a height differential of almost two (2) inches between adjacent sidewalk flags.

The defendants in the case, the owner of the shopping plaza and the property management company, made a motion seeking to have the case dismissed in which they argued that the alleged defect was trivial and there was no proof defendants were aware the dangerous condition. In opposing the motion the handling attorneys at Block O'Toole & Murphy LLP successfully argued that defect of this nature must have existed for a substantial period of time and as such, even if the defendants received no prior complaints of this danger, they had constructive notice and should therefor be held legally responsible.


Plaintiff fell onto her left knee suffering traumatic internal derangement and a meniscal tear. She also ended up debilitating injuries to her right knee of a compensatory nature. Ultimately the plaintiff required four (4) knee surgeries including a partial left knee replacement.


Given the substantial injuries and invasive procedures the plaintiff endured, as well as the handling attorneys' obvious willingness to take the case to trial, the defendants and their insurance carriers opted to negotiate a settlement, paying a total of $2,750,000.

The matter was handled by Daniel P. O'Toole and Scott Occhiogrosso.