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ARTICLE ID 194642

$________ Tort Claims Act Case – Plaintiff trips and falls over 1/4 in. elevation of boardwalk plank – Fracture of distal radius on dominant side – Three surgeries – Traumatic arthritis – Plaintiff misses 10 weeks from job as bartender

Atlantic County, NJ

The plaintiff, 57 years old at the time of the incident, contended that the defendant municipality acted in a palpably unreasonable manner in failing to properly repair the boardwalk, resulting in her tripping and falling over a board that was raised approximately 1/4 in. The defendant denied notice of any dangerous condition.

The plaintiff countered that the defendant had conducted inspections of repairs on two occasions in the several week period leading up to the incident, and maintained that that based on photographs that showed wear, the condition had been present for an extended period. The defendant also supported that the plaintiff failed to make adequate observations, and was comparatively negligent. The plaintiff contended that she suffered impacted, comminuted, intra articular fractures of the right distal radius, and required three separate surgeries and two steroid injections . The plaintiff maintained that she will suffer permanent pain and restriction, and that traumatic arthritis has commenced.

The plaintiff stated that she has greatly enjoyed fishing and pedal boating, and that although she continues, she does so in significant pain. The plaintiff also declared that she frequently requires a brace on the wrist that renders fishing very cumbersome. The plaintiff returned to work as a bartender.The case settled prior to trial for $________.

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