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ARTICLE ID 200877

$________ Alleged dangerous insteps leading from sidewalk to restaurant cellar – Fall – Trimalleolar fracture – ORIF – Two additional surgeries to remove hardware – Plaintiff in late 20s at time of injury shows signs of beginning of arthritis.

Kings County, NY

The plaintiff, 29 at the time, who was delivering food to the defendants restaurant contended that the stairs leading from the sidewalk to the restaurant cellar were dangerous because of inadequate illumination, lack of handrails, step-to-step deviations in tread width and riser height, low head clearance and obstructions, and narrow passage width. The defendant claimed that the stairs were safe, and defense asserted that the cause of the accident was the failure of the plaintiff to walk more carefully.

The plaintiff maintained that he suffered a trimalleolar fracture that required surgery and the installation of hardware as well as two additional surgeries to remove hardware. The plaintiff also contended that changes in the joint reflected the probability of future arthritis. The plaintiff claimed that his pain and limitation of motion, as well as surgical scarring is permanent.

The plaintiff further asserted that he will require additional care and the plaintiff would have introduced evidence of future costs of slightly less than $________.

The plaintiff made no future income claims.The case settled after jury selection for $________.

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