Douglas Milch, of counsel for Wingate, Russotti, Shapiro, Moses & Halperin, LLP, recently obtained a $600,000 settlement for a 78-year-old plaintiff, who tripped and fell on a broken concrete sidewalk outside a Manhattan branch of an NYU Hospital. The plaintiff suffered a hip fracture, which required a surgery and placement of hardware within the joint.
The defendant property owners denied they were responsible for the sidewalk and claimed the plaintiff had "fallen off the curb." However, through effective discovery and multiple depositions, Doug was able to establish that the defendants were aware of the defect, and had been in contract at the time of the accident to restore the broken sidewalk.
Doug established that post-accident photos, and the defendants’ own incident reports, supported our allegations that the plaintiff fell because of the broken sidewalk and could not have fallen off the curb as they claimed.