Premises Liability - $150,000 Settlement

This matter involved a 55 year old woman who fell up to her waist in a gap between a New York City Transit Authority Train and the platform at the Sheepshead Bay B line station. The width of the gap was documented by the Transit Authority, and the accident was reported on the date of the accident.

Our client was removed by ambulance to an emergency room where she treated for abrasions and bruises to her thighs and knees. She was treated conservatively for four years until eventually having to undergo a total knee replacement in her left knee due to an activation of a latent degenerative condition in her knee. Our client's medical expert was prepared to testify this activation was due to the accident.

Wingate, Russotti, Shapiro & Halperin associate Michael Fitzpatrick settled the matter for $150,000 following jury selection and prior to opening.

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