Premises Liability - Slip and Fall on Snow and Ice
Plaintiff was a 43 year old home health care attendant who slipped and fell on snow and ice as she walked on a shoveled portion of the sidewalk abutting a commercial premises in Brooklyn. The commercial premises tenant testified and admitted to removing the snow on the sidewalk prior to plaintiff's fall and to creating the path which contained the ice on which plaintiff fell. The accident was witnessed and documented in a police aided report. The plaintiff was transported to a hospital where she was diagnosed with a fracture of the lateral malleolus and where her ankle was non surgically reduced and casted. The plaintiff required casting for 10 12 weeks and a CAM boot for an additional four weeks. As a result of her injuries she missed over three months of work. WRSMH attorney Michael Fitzpatrick settled this case prior to trial for $175,000.