Plaintiff Fell Through Fence After a Portion of it Broke
Kenneth J. Halperin recently obtained a $1,500,000 settlement for a thirty-nine (39) year old man who was injured while visiting the defendants' premises. Plaintiff was standing outside the property and leaned back on a pole fence that was behind him. When he leaned on it, the top rail of the fence came loose causing him to fall backwards over the ledge and onto the ground approximately six feet below.
During the course of discovery we deposed four (4) employees of the defendant and discovered that one of them knew that the top rail of the fence was loose and tried to fix it by simply tying a wire hangar around the pole. They failed to perform a proper repair. After the accident the defendants had the fence properly repaired by an outside contractor. We were able to obtain summary judgment on the issue of liability.
As a result of the accident, our client sustained a mild traumatic brain injury, a torn rotator cuff, which required arthroscopic surgery and a fractured wrist that required an open reduction and internal fixation.