Premises Liability - Total Knee Replacement
Cliff Shapiro negotiated a $400,000 settlement for a 56-year-old woman who fell on a broken, cracked and defective step at the entrance of a Brooklyn convenience store. An employee of the defendant's store testified at a deposition that the store was responsible for the maintenance and repair of the steps. He also testified that he knew of no prior accidents or violations at the subject premises. The plaintiff was admitted to the Hospital for Special Surgery for five days and Kingsbrook Medical Center for Rehabilitation for three weeks.
Although Plaintiff had pre-existing lateral compartment osteoarthritis, Cliff was able to convince the insurance company's adjuster that the Plaintiff's necessity for a total knee replacement surgery was the direct result of her fall on the defective step.