On April 11, 2019, Raquel J. Greenberg, Esq. successfully obtained a $492,000 jury verdict in Kings County Supreme Court for a client who tripped over an obviously raised sidewalk flag next to a tree well in Brooklyn.
The woman, then 56 years old, testified that she was walking to her post as a school crossing guard when she tripped due to the raised sidewalk abutting the defendant’s property, a bank parking lot. She instinctively put her right arm up to protect her face as she fell, landing on that arm. She suffered multiple rotator cuff tears in the right shoulder, as well as cervical and lumbar disc herniations and bulges. She treated with several physicians for her injuries. Her treatment involved months of physical therapy, cervical and lumbar epidural steroid injections, and prescription medications. Surgery to repair the rotator cuff was recommended, and she is still awaiting her approval to undergo that procedure.
Ms. Greenberg argued that the defendant LLC, as the property owner, was responsible for the sidewalk, which is negligently failed to maintain in a safe condition. Further, that the client was walking as any reasonable person would. Moreover, that the injuries the client sustained were caused by the negligence of the defendant property owner. The client’s treating doctor testified that her injuries were caused by the fall, and that her injuries are permanent.
The managing partner of the defendant LLC testified that nobody on behalf of the LLC had ever visited the property since it was purchased in the 1970s. The defense argued that it had nothing to do with maintenance of the property, which had been assigned the tenant, the bank, in its triple net lease. Further, the defense argued that the plaintiff should have looked where she was going, thereby causing her own fall and injuries. Moreover, the defense argued that her injuries were not caused by the fall, rather they were degenerative conditions due to her age. Further, that an assault at her workplace years after the fall caused her injuries. The defendant’s doctor, who examined the client one time, testified that her rotator cuff tears were conditions of old age and that her complaints are exaggerated.
The jury found the defendant 75% liable and the plaintiff 25% liable. The unanimous verdict awarded to our client was $171,000 for past pain and suffering and $321,000 for future pain and suffering, for a total damages award of $492,000.