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ARTICLE ID 198624

$________ – Premises Liability – Fall down – Defendant property owner's brick walkway situated next to public sidewalk improperly installed with insufficient support underneath – Walkway settles, creating an two-inch height differential between sidewalk and brick walkway – Plaintiff contends hazard not readily visible as approaching it – Fractures to ulna and radius on non-dominant side.

New York County, NY

The 70-year-old plaintiff contended that as she walked from the public sidewalk and onto the brick walkway installed by the defendant shopkeeper, she encountered an approximate two inch drop-off. She contended that the hazard was not readily visible as one approached and that if the drop-off was to the side, it would be more observable. The plaintiff’s engineer concluded that when the brick walkway was installed more than five years earlier, there was an inadequate foundation, and that as a result, the walkway gradually settled, creating the height differential.

The defendant contended that the drop-off was visible and that the failure of the plaintiff to observe it and walk more carefully was a significant factor in causing the incident. The plaintiff suffered fractures to the radius and ulna on the non-dominant side and required an open reduction and internal fixation. The plaintiff asserted that although she made a relatively good recovery, she will suffer some permanent pain and limitation of motion.

The plaintiff made no income claims. The case settled at trial for $________.

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