In May, 2016, Alan M. Greenberg, Esq. negotiated a $900,000 settlement for a client injured by a sidewalk fall in Brooklyn.
On September 15, 2013, the client, a part time delivery worker who was then 64 years old, fell while walking on a sidewalk adjoining the premises of 75 Lee Avenue, suffering injuries to his right shoulder. After the fall, the client went to a hospital, was diagnosed as having a fracture of his right shoulder’s socket, and underwent open reduction and fixation of the fracture.
In December, 2013, he received further treatment that included arthroscopic surgery to his right shoulder. Subsequent to this surgery, the client further injured his right shoulder, which undid some of the surgical repairs previously made to it. The client reported that he suffered a 50 percent reduction in his right shoulder’s range of motion, and complained that this diminution prevented him from resuming work and hinders the performance of ordinary everyday activities.
The client sued the owner of the premises and the premises’ tenant in Kings County Supreme Court, seeking compensation for past medical expenses, future lost earnings, and past and future pain and suffering. He argued that the defendants’ negligence in the maintenance of the sidewalk led to a dangerous condition that caused the accident. He specifically argued that the sidewalk’s flags (rectangular slabs) were allowed to become elevated above the level of the adjoining curb, creating a “lip” constituting a dangerous condition. Mr. Greenberg further argued that the defendants were in violation of New York City Administrative Code Section 7-210, which specifies that property owners abutting any sidewalk are required to maintain such sidewalk in a reasonably safe condition.
A $900,000 pretrial settlement was negotiated with the defendants’ insurance company on behalf of the client.