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$________ Municipal Liability – Negligent application of cross-walk paint – School crossing guard slips and falls – Lumbar herniation necessitating surgery – Prior lumbar herniation treated conservatively – Need for several surgeries.

Suffolk County, NY

The plaintiff school crossing guard, 32 at the time, contended that paint, which consisted of a glitter type material in addition to the paint itself, was applied in a dangerous manner which caused her to slip and fall. The plaintiff maintained that the paint should have been placed first and the glitter substance second, reducing the slippery nature. The plaintiff’s safety expert contended that by applying the glittery substance first, a slippery condition was created, culminating in the incident several weeks later. The defense denied that a slippery condition was created and contended that the cause of the incident was the failure of the plaintiff to walk with greater care.

The plaintiff contended that she had been diagnosed with a lumbar herniation sometime earlier, but was able to manage it with conservative care and was able to work. The plaintiff maintained that she had been largely asymptomatic for some time when the subject incident occurred. The plaintiff asserted that she developed severe radiating lumbar pain and weakness shortly after the fall and that a herniation at an adjacent level was confirmed by MRI.

The plaintiff maintained that she will suffer permanent symptoms despite several surgical intervention. The plaintiff, who was earning approximately $________ per year, will permanently be unable to work.The defense moved for summary judgment, which was denied. The Appellate Division then affirmed the denial and the case settled during mediation for $________.

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