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$________ Premises Liability – Fall Down – Plaintiff security guard slips and falls on gravel near security booth at construction site – Quadriceps tendon tear – Three surgeries.

Kings County, NY

The a 27-year-old plaintiff, an employee of a security company providing security services for contractors and owners at a work site, contended that an excessive amount of gravel was strewn about the vicinity of the security booth. The plaintiff contended that as a result, she slipped and fell, suffering a quadriceps tendon tear. The plaintiff contended that although a construction site is never in perfect condition, the fact that the general contractor allowed gravel to be strewn about in the vicinity of the security booth which the plaintiff used daily, as well as other places, made this site unsafe, and more dangerous than it should have been. The plaintiff also maintained the gravel would tend to move under one’s foot, causing a slippery condition that was similar to walking on marbles or ball bearings. The defendant did not dispute that gravel was strewn about the area.

The defendant maintained, however, that a similar condition had been present for over a year, that it could not be reasonably avoided at the construction site and that no one else had been injured since the construction began. The defendant contended that the cause of the incident was the comparative negligence of the plaintiff. The plaintiff countered that it was simply a matter of time until an incident occurred. The plaintiff also contended that the defendant should have been able to conduct the construction without having excessive gravel strewn about the sidewalk in the area of the booth.

The plaintiff contended that she suffered an injury to her leg and knee which included a quadriceps tendon tear. The plaintiff underwent a total of three surgeries to the area, including a quadriceps tendon reconstruction, and claimed that she was unable to work in the future. The defendant maintained that the plaintiff delayed undergoing surgery for approximately four months after it was recommended and that her delay in medical treatment caused her injury to be worse than it should have been.

The plaintiff would have explained that she was initially advised inaccurately at the hospital that the surgery would not be covered and ultimately underwent it when she realized that it was covered. The defendant also argued that the plaintiff, whose income was not very substantial, could obtain a non- physical job making the same money she was earning as a security guard. The plaintiff countered that the continuing severe pain prevents her from doing so.The jury found the defendant ________% negligent. The case then settled for $________.

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