$2,750,000 Settlement for Woman Who Tripped and Fell on Uneven Sidewalk
In a New York case, a mother of two was walking in a shopping center when she tripped and fell on uneven sidewalk. As a result of the incident, she sustained serious knee injuries that required a total of four surgeries. The Defendants – the owner of the shopping center and the management company – sought to have the case dismissed, but the attorneys at Block O’Toole & Murphy successfully argued that they should be held legally responsible..
Court and County
Supreme Court, Bronx County
Age and Occupation of Plaintiff
Plaintiff is a 44-year-old unemployed mother of two.
Description of Case
Plaintiff, a 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 therefore 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 Partners Daniel P. O’Toole and Scott Occhiogrosso.
Contacting a Lawyer after a Trip and Fall Incident
Trip and fall accidents can result in serious injuries, such as knee injuries, spinal injuries, and head trauma. It’s important to speak to an attorney skilled in litigating trip and fall incidents after you’ve been hurt to discuss what you can do to protect yourself legally. The Law Firm of Block O’Toole & Murphy has a track record of success for clients harmed in trip and fall accidents. Select results include:
- $2,700,000 settlement for a 50-year-old woman who tripped and fell on a raised and cracked sidewalk flag in front of the defendant’s property
- $2,650,000 settlement for an electrician who tripped and fell after stepping into a shallow depression on one of the steps of a staircase
- $1,500,000 settlement for a tenant who tripped over an uneven step on the stair and fell to the bottom of the staircase