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ARTICLE ID 193729

$________ – FAILURE TO SECURE METAL DRAINAGE BASIN COVER ON GROUND DIRECTLY BEYOND LANDING OF TRAIN STEPS – METAL SLIDES OUT OF PLACE AS PLAINTIFF STEPS ON IT, CAUSING FALL – BI-LATERAL QUADRICEPS TENDON RUPTURES

Hudson County, NJ

The plaintiff, approximately 60 years-old, who was in the course of commuting from his Orange County home, to his computer job in Manhattan, contended that the defendant Port Authority negligently failed to properly secure a metal cover to a drainage basis that was situated next to an outside stairway. The plaintiff stated that as he stepped on it, the cover slid out of place, and that he fell, suffering bilateral quadriceps tendon ruptures. There was no dispute that the incident occurred, and a ticket taker and a Port Authority police officer immediately observed the plaintiff injured on the ground.

The plaintiff’s engineer maintained that the hazard could have been easily and inexpensively obviated the hazard by the simple installation of a hinge, rather than permit the cover to sit on the basin without such restraints.

The defendant’s position was that gravity would be expected to keep the relatively heavy metal cover in place.The ticket agent testified that she observed the plate become loose on approximately one to two prior occasions, and reported it to her superiors. The plaintiff’s engineer contended that the defendant was aware of the dangerous condition and should have taken steps to correct it. The plaintiff also presented a Port Authority police officer who came to the plaintiff’s assistance immediately after the incident occurred and took photographs.

The officer related that he was aware of a surveillance camera covering the area, and that several hours after the incident, he decided to review the footage. The officer testified that there was an apparent glitch in the system for the approximate 15 minute period surrounding the event.

The plaintiff suffered bilateral quadriceps tendon ruptures, and required surgery to both legs that was performed at the same time. The plaintiff also suffered a re-rupture on one side, necessitating additional surgery. The plaintiff contended that the recuperation was very painful and difficult, and that he underwent regular physical therapy. The plaintiff related that he could not commute to his job in Manhattan during the recuperation, and was ultimately terminated. The plaintiff supported that in view of his age and history of injury, it is highly doubtful that he would obtain other work.

The plaintiff related that before the incident occurred, he was a very active and outgoing individual. The plaintiff stated that he greatly enjoyed endeavors such as going to the beach with his grandchildren.The plaintiff supported that the jury could well appreciate the manner in which the injuries have had a very significant impact on the plaintiff’s enjoyment of life.The case settled prior to trial for $________.

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