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$________ – Premises Liability – Hazardous Premises – Inadequate lighting – Dangerous loading dock next to large trash dumpsters – Failure to warn – Plaintiff assistant chef at college falls while taking out trash – Fractured femur – Open reduction internal fixation – Surgical hardware installation – Knee tear – Arthroscopic surgery – Plaintiff has not been able to return to work.

Kings County, NY

The male plaintiff, age in his 50s, who was an assistant chef at a cafeteria located at the defendant’s community college, contended that the loading dock leading to large trash dumpsters was dangerous, resulting in his falling from the edge as he peered over the edge to see if a dumpster (placed by Department of Sanitation about six feet from the edge of the dock) had room for disposal of the garbage bags. The incident occurred at around twilight and the plaintiff contended that inadequate lighting and overcast weather conditions heightened the difficulties in seeing the edge of the dock. The plaintiff also maintained that the defendant negligently failed to paint the edge of the loading dock yellow or provide other visual warnings of the edge. He also claimed there were no railings or safety devices at the dock’s edge. The loading dock was approximately three feet high, and the plaintiff pointed out that stairs were supplied on either end and that a railing was also present on the opposite edge of the loading dock. The defendant denied that it was negligent or that the plaintiff established that it violated any code provisions.

The defendant also maintained that the condition was open and obvious. It moved for and was granted summary judgment.

The plaintiff maintained that he suffered a fractured femur and required an open reduction internal fixation with the surgical hard ware installation of a rod and screws. The plaintiff also maintained that he suffered a knee tear which required arthroscopic surgery. The plaintiff maintained that he will suffer permanent pain and difficulties ambulating and has not been able to return to work. The trial court initially granted the defendant city’s motion for Summary Judgment. The Appellate Division reversed and the case then settled before trial for $________.

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