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$300,000 Settlement


Sidewalk Defect - Fractured Left Talus
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F&F# 92027A
SLIP AND FALL - SIDEWALK DEFECT - FRACTURED LEFT TALUS
Settlement: $300,000
Injuries:
  • Slip and fall fracture--talus in left foot.
  • Multiple surguries

At the hospital a hard cast was applied, but due to a non-union of fracture, open reduction and internal fixation was performed. A second surgery was performed approximately one year later, consisting of a right iliac crest bone graft to the fractured talus. The fixation hardware was removed by a third procedure.

Facts: Fitzgerald & Fitzgerald represented the plaintiff in a New York slip and fall lawsuit.  On a clear, dry night, plaintiff and his son-in-law were walking to a relative's house. Approximately two blocks from plaintiff's residence, plaintiff tripped and fell on a broken sidewalk immediately adjacent to a fire hydrant. Plaintiff's left foot went into a hole in the sidewalk, twisting the ankle and fracturing plaintiff's left foot talus. The Department of Transportation had previously prepared a map that showed the sidewalk defect, and the plaintiff served the city with a Notice to Admit, asking the city to admit that its own map showed the sidewalk defect, which had existed since September 1990. The city would not admit that it had notice of defect. On motion by plaintiff, the court granted summary judgment on the issue of prior written notice of the sidewalk defect.

In this case, Fitzgerald & Fitzgerald successfully negotiated a settlement in a New York slip and fall case. To contact the firm about a New York slip and fall lawsuit, please call toll-free at 1-800-323-9900 or submit the firm's free online consultation form.
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Fitzgerald and Fitzgerald, P.C.: New York Slip and Fall Attorney

The medical malpractice, personal injury, premises liability, slip and fall, police negligence, police brutality, class actions, appeals lawyer, appellate practice, product liability, brain injury, traumatic brain injury, spinal cord injury, catastrophic injury, automobile accident, wrongful death, building owner negligence, negligence, premises liability, product liability or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a personal injury attorney or wrongful death lawyer at our New York law firm.

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