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ARTICLE ID 194644

$________ Tort Claims Act Case – Palpably unreasonable failure to repair raised boardwalk plant – bike strikes defect and she is thrown off bike – Hip fracture – Surgery – Traumatic arthritis – Moderate leg scarring

Cape May County, NJ

The plaintiff bicyclist, in her early 50s, contended that the defendant municipality acted in a palpably unreasonable manner in failing to correct a dangerous condition involving a raised boardwalk plank. The plaintiff maintained that an approximate 15 ft. area was in disrepair, and that she fell and suffered a fractured hip when her bike struck the defect and stopped short. The defendant denied that notice of any dangerous condition. The plaintiff presented an expert builder who supported that signs of wear at the defect reflected that it had been in that condition for a lengthy period. The plaintiff related that when she fell, she experienced the immediate onset of severe pain and a fractured hip was diagnosed shortly thereafter, and underwent surgery and extensive physical therapy. The plaintiff maintained that despite the treatment, she continues to suffer continuing pain, with difficulties ambulating, and stated that traumatic arthritis is very likely in the future, and she may well require a total hip replacement.

The plaintiff, who commenced working for a marketing company approximately six years before the incident, and after her children had grown, related that she missed several months of employment, and has been required to give up a favored activity of bicycle riding. The plaintiff also argued that the jury should consider that the plaintiff will experience pain and suffering for the remainder of 33.8 year life expectancy.

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