Our client, a vibrant 81-year-old retiree, tripped and fell after stepping into an unguarded fresh tree pit on the sidewalk in Briarcliff Queens. As a result of the fall, he suffered serious fractures to his elbow and shoulder requiring hardware implantation. He was home-bound following the surgery for more than three months. The injuries were life-altering and his doctor reported that his injuries were permanent and would necessitate future surgeries. The sidewalk owner, the City of New York, and the company responsible for the planting of the tree bed were all sued for negligence in the maintenance of the tree bed which created a dangerous condition. A settlement in the amount of $300,000 was reached in mediation.
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