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$________ PLUS WAIVER OF APPROXIMATE $________ MEDICAID LIEN Premises Liability – Fall down – Failure of Transit Authority to properly repair sidewalk/stairway section at subway station – 77-year-old plaintiff suffers skull fracture, subarachnoid hemorrhage, and stroke – Slight cognitive dysfunction and left hemiparesis.

Queens County, NY

This case involved a 77-year old plaintiff who fell down a subway stairway after tripping over a broken section of sidewalk at the entrance of the 67th Avenue subway station in Queens, New York.

The plaintiff alleged that the NYCTA was negligent in failing to maintain their property, as well as in failing to correct an improperly repaired portion of the sidewalk-landing above the stairway. The NYCTA denied liability for the fall, and brought multiple motions to dismiss on the eve of trial. The defense moved for a summary judgment, claiming they had not been given proper notice of the condition of the sidewalk and argued that the Notice of Claim failed to specify the precise location of the accident. Judge Gavrin denied both motions, and the case proceeded to trial before Judge Ridhotz.

The court ruled that the post-accident reports were not admissible as evidence, but allowed certain pre-accident station supervisor reports and maintenance records to be entered. The defense also disputed the admissibility of photographs of the scene taken by the plaintiff’s son the day after the accident, which had been taken to show constructive notice. These photographs were also allowed into evidence, subject to identification by the son.

The plaintiff contended that she suffered a cranial fracture and subarachnoid hemorrhage.

Minutes after the accident, the son picked up his mother at the accident site, and drove her to the hospital. The plaintiff was diagnosed with a cranial fracture and subarachnoid hemorrhage, and was transferred to a second hospital for surgery. The plaintiff suffered a stroke two days after the fall, and was transferred to another facility for long-term care.

The plaintiff contended that she a slight cognitive dysfunction and left hemiparesis that has left her confined to a wheelchair.Shortly after opening, both parties agreed to a $________ settlement, which included the waiver of a $________ lien related to the Medicaid care.

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