Judge finds City of New York 100% liable for sidewalk defects, and instead of facing a Queens County Jury, the City agrees to pay $300,000 to avoid trial.

Plaintiff was caused to trip and fall on a sizable sidewalk defect located in the East Village in New York which resulted in serious leg injuries, requiring open reduction internal fixation orthopaedic surgery and extensive physical therapy.

(PRWEB) August 2, 2004 -- On May 4, 2001, at about 12:00 p.m., the plaintiff was caused to trip and violently fall on a sidewalk crack located in front of 219 East 10th Street, New York, New York. As a result of the accident plaintiff, sued the City of New York, the land owners, and the owner's general contractor. On defendant's motion for summary judgment, the court found the City of New York 100% responsible for the not repairing a known defective sidewalk condition, and found the landowner and its contractor not liable.

On June 17, 2004, instead facing the music before a Queens jury, the City of New York saw the handwritting on the wall and paid the plaintiff $300,000 to put the case quietly to rest.

Plaintiffs injuries consist of a disruption of the right syndesmosis which required open reduction internal fixation surgery with a metal plate and two four mm screws. In addition, plaintiff also had subsequent surgery for the removal of that hardware. She also underwent an extensive program of physical therapy. Plaintiff has permanent pain, instability of the right leg and permanent varicose veins which may necessitate surgery. In addition, plaintiff sustained lost wages of approximately $100,000 which included regular pay and lost overtime.

The City of New York was represented by Jared J. Hatcliffe, Esq. of the Corporation Counsels office a/k/a the Department of Law. Plaintiff was represented by Michael Gunzburg, Esq. with offices located at 271 Madison Avenue New York, New York 10016 (gunzburglaw).

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