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ARTICLE ID 187076

$________ Premises Liability – Hazardous Premises – Trip and fall on broken sidewalk under sidewalk shed abutting property – Case tried under old law placing responsibility on owner if "special use" made by property owner – Lower leg fractures with surgery – No income losses.

Kings County, NY

The plaintiff mason, 33 at the time of the incident and 42 at trial, contended that he tripped and fell on a broken up section of sidewalk situated under a sidewalk shed abutting the building. This was an old law case in which responsibility rested with the City to maintain the sidewalk, and the plaintiff contended that the defendant landowner made a special use by placing a sidewalk shed for on-going construction and failed to provide adequate lighting inside the sidewalk shed and also that the broken sidewalk was in the area of a curb cut/apron.

The city had also been named as a defendant and the case against it was dismissed prior to trial. Plaintiff’s counsel subsequently undertook representation.

The plaintiff further contended that the defendant caused or created the broken up sidewalk by using its trucks to gain access to the area before the sidewalk shed was built.

The defendant denied that its special use created or contributed to the dangerous condition. The plaintiff’s engineer testified that the special use did in fact create the dangerous condition. The defendant also denied that the lighting was inadequate.

The plaintiff suffered lower leg fractures and required an open reduction and internal fixation. The plaintiff maintained that he will nonetheless permanently suffer pain and limitations. The plaintiff missed seven months from his job as a mason.The jury found the defendant 70% liable and plaintiff 30% liable and awarded $________, including $________ for past pain and suffering, $________ for future pain and suffering and $________ for future medical costs.

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