New York Bicycle Accident on a Construction site
City failed to remove construction debris from roadway - Mild traumatic brain injury.
Wingate, Russotti, Shapiro & Halperin, LLP, attorney Kenneth Halperin, obtained a $900,000.00 verdict for a 35 year old model, artist and photographer. The woman was riding her bicycle on Third Avenue in Manhattan when the bike she was riding skid on rocks strewn across the road. Ken proved that the rocks came from an excavation performed by The New York City Department of Environmental Protection which had not been properly secured and covered, thereby allowing excavation debris to spill across Third Avenue. The City of New York tried to claim that since she observed the excavation site prior to her accident, she should have avoided the rocks and debris that were in the roadway and that her failure to do so made her responsible for the accident.
Our client fell off the bike striking her head on the ground and sustained a head injury. It was determined that she suffered a mild traumatic brain injury which interfered with her ability to perform all of her activities of daily living. The trial judge upheld every cent of the verdict and the City of New York did not appeal.