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The following is a case summary as reported in The New York Jury Verdict Reporter, the leading reporter of verdicts and settlements of cases in New York State.
$150,000.00 for Arm Injuries as a Result of Defective City Sidewalk
As our client returned home from grocery shopping, she tripped on a broken and raised Brooklyn sidewalk. The resulting fall left her with both arms fractured. She required surgery and the insertion of hardware to maintain the bones in place after they were set. The defendant in this case was the City of New York..
Whenever the defendant is a municipality such as a city or town, there are several New York State statutes that come into play. First, if you are injured as a result of negligence on the part of a municipality, you must act promptly to file a claim. A notice of claim must be filed by an attorney no later than 90 days after the accident. In some instances where the deadline is missed, a judge may permit the claim to be filed late, however, it cannot be filed if more than one year plus 90 days has gone by. Luckily, our client called us right after the accident.
Second, with claims against municipalities, as a condition precedent to a lawsuit, there must be prior written notice that a defect exists. Someone must have previously reported that there was a dangerous condition that needed to be corrected. One exception to this requirement would be if a municipality created the dangerous condition, such as making the concrete uneven when it was first installed.
In our client's case, Robert Trop conducted a search of New York City maps used to record defects such as potholes and uneven surfaces. His investigation revealed that the City had indeed been previously notified of the raised and unsafe sidewalk, and the lawsuit was filed.
Initially, the City wanted to settle for $50,000.00. Robert Trop advised the client to reject this offer, as it was inadequate. Later a second offer was made for $100,000.00. Again Mr. Trop advised the client to hold out for a more reasonable offer. Eventually, the City agreed to pay $150,000.00 to settle the case.
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Verdicts & Settlements is published as a service for our clients, friends, and professional associates.
The information in this newsletter is meant to be general in nature, and is not to be viewed as a substitute for legal consultation in that laws change from time to time and may be affected by specific circumstances.
We welcome questions or comments regarding any information contained in this newsletter, which can be directed to either:
Robert E. Trop, Esq.
Stuart P. Besen, Esq.
Email: besentrop@verizon.net
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