Fall on a Chipped Sidewalk
Our client, a 67 year old Russian immigrant, was injured when she tripped and fell on a chipped sidewalk in Brighton Beach, Brooklyn. As a result of her accident, she was driven by a friend to Coney Island Hospital where she was diagnosed with a radial head fracture. Subsequently, she underwent open reduction with internal fixation of the fracture. The defendants contended that the alleged sidewalk defect was de minimis as it was less than one half of an inch in height. Accordingly, they moved for summary judgment to dismiss the complaint.
Prior to starting the lawsuit, Wingate, Russotti, Shapiro, Moses & Halperin, LLP hired an engineer who inspected the sidewalk and determined that it was dangerous, defective and did not conform to the building code. Our office submitted a vigorous opposition to the defendants motion. While the decision from the judge was pending, the defendants set up a mediation to resolve the case.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP handled the mediation. At the mediation, the defendants initially offered $50,000 to settle the case. The firm was able to convince the defendant's insurance company that the motion for summary judgment would be denied, that the defendants were 100% responsible for the accident and that the plaintiff would have made an excellent witness who would recover a substantial amount of money from a Kings County jury. Rather than wait for the judge to decide the motion, the defendants paid $175,000 to settle the case.