New York Personal Injury Attorneys

$130,000-Trip and Fall: Jury Verdict Subway Station Trimalleolar Ankle Fracture

F&F# 89163A

TRIP AND FALL DOWN SUBWAY STATION - TRIMALLEOLAR ANKLE FRACTURE

Jury Verdict: $130,000 (Unanimous 6/0) $30,000 for past pain and suffering; $80,000 for future pain suffering; $20,000 for past lost earnings.

Facts: This was a New York City trip and fall case.  On 6/10/89, Plaintiff, a 48 year-old accounting clerk, was injured when she tripped and fell on a missing tile as she descended a stairway at the Ave. P train station in Brooklyn. There were no witnesses, but the responding police officer and a token clerk reported the accident. Defendant (New York City Transit Authority) conceded liability and the trial proceeded on damages.

Injuries: Plaintiff suffered a trimalleolar fracture of the left ankle requiring open reduction and internal fixation. Plaintiff was hospitalized for a week and then returned home. While she was home, Plaintiff fell a second time, sustaining a small vertebral fracture which required a second hospitalization. Plaintiff missed 6 months of work and was then laid off from her job because she could only work part time. Plaintiff claimed that she felt a constant low-to-moderate degree of pain in her left leg, affecting her daily activities. She testified that she cannot walk long distances and cannot jog, dance or wear high heels. Plaintiff also contended that she has to elevate her leg at night to prevent swelling. Pltf's expert testified that the pain was consistent with the severity of the injury and that Plaintiff will probably develop arthritis in 10-15 years. Defendant claimed that Plaintiff made an excellent recovery and that her present pain and disability are minimal. Defendant presented surveillance films that showed Plaintiff walking and carrying packages without any apparent discomfort. Defendant's expert testified that arthritis was unlikely because of Pltf.'s good recovery. He also noted that Plaintiff is a diabetic and any restriction on her activities could be attributed to this condition. Demonstrative evidence: Hospital records; X-rays; tax records; Photographs; surveillance films.