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ARTICLE ID 184845

$________ Premises Liability - Fall Down - Plaintiff slips and falls on wet decorative granite sidewalk after recently being washed down - Failure to place warning signs - Comminuted displaced fracture of dominant elbow - Ligament tear to wrist - Aggravation of prior cervical herniation - Inability of dental hygienist to work.

New York County, New York

The plaintiff, in her early 50s, contended that the decorative sidewalk, consisting of a granite-like material, was dangerous and excessively slippery when wet. The plaintiff contended that as she walked on the sidewalk at approximately 7:15 and about 15 minutes after the defendant’s porter washed down the sidewalk, she slipped and fell.

The plaintiff’s expert engineer would have maintained that the co-efficient of friction was inadequate and that the sidewalk would become very slippery when wet. The plaintiff also developed evidence during discovery that a security guard, assigned to the defendant’s lobby for the preceding three-year period, observed the porter washing down the sidewalk at approximately the same time each day, that although signs were available, he had complained on several occasions, including once a week earlier, that the signs were not taken out of the closet and placed on the sidewalk, and that other people had slipped and fallen during that period.

The defendant denied that the area was dangerous or that prior incidents had occurred after it had the sidewalk installed many years earlier. The defendant contended that the cause of the incident was the failure of the plaintiff to walk more carefully.

The evidence also reflected that an awning covered the sidewalk to accommodate warm weather customers, and maintained that this factor prevented the sidewalk from regularly becoming wet from rain.

The plaintiff maintained that she suffered comminuted, displaced fractures to the dominant elbow and a right ligament tear and underwent surgery. The plaintiff also contended that she suffered an aggravation of a cervical herniation that was sustained some years earlier. The plaintiff contended that she had been asymptomatic for several years after completing conservative care. The plaintiff contended that she developed radiating cervical pain, as well as numbness and tingling after the fall, and maintained that the aggravation is permanent in nature.

The evidence revealed that the plaintiff declined recommended ulnar nerve transposition surgery. The plaintiff, who became a grandmother shortly before the incident, contended that she was reluctant to go through the lengthy recovery period, especially since she wanted to help her daughter with the baby.

The plaintiff was also a breast cancer survivor. The plaintiff contended that such history rendered her more reluctant to undergo surgery. The plaintiff maintained that because of the loss of fine motor skills, she can no longer work.

The case settled prior to trial for $________.

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