19 Nov Settlement for Client Who Tripped on a Raised Sidewalk and Broke Her Distal Radius
Defective Sidewalk in Sleepy Hollow
Martin + Colin P.C. proudly announces a settlement for our senior citizen client who was injured due to a defect on a sidewalk in the village of Sleepy Hollow. While walking along the sidewalk, something that our elderly client does several times a week, our client tripped over the uneven sidewalk and fell, causing her several injuries. Due to the advanced age of our client and her relatively frail physical condition, the fall caused significant and lasting injuries. Sympathetic to the trauma and injury felt by our client, the legal team at Martin + Colin turned to the court system for financial compensation on behalf of our client.
The Insurance Company Claimed the Sidewalk Defect was Trivial
As our legal team labored on behalf of our injured pedestrian, the opposing counsel attempted to dismiss the case on the grounds that the homeowners were unaware of the defect in the sidewalk and that the defect was trivial, therefore not requiring repair. Additionally, the opposing counsel claimed that the fact that our client had routinely walked on this sidewalk many times before without tripping proved the defect to be trivial and the defendant to be not at fault.
We Demonstrated that a Jury Must Decide, Not a Judge
We opposed the motion; we argued against dismissal. Our legal team was able to defeat the motion as we believed that disputed facts existed and could only be resolved by a jury after listening to witnesses and not simply by a judge after reading documents. An expert engineer hired by our law firm determined that the cause of our client’s injuries was the uneven sidewalk. which caused a tripping hazard. Since the installation occurred five years before the accident, we argued, it was undeniably the fault of the homeowners who either negligently failed to notice the defect, or neglected their responsibility to have the defect repaired. The opposing counsel deemed this defect too trivial to impose liability upon the homeowner. Our investigation found the height differential to be approximately 1 inch, significantly more than “trivial.” It was our argument that the height difference, significantly greater than “trivial,” required imposition of liability upon the homeowners. At a minimum, we argued, a jury should decide whether the homeowners were negligent.
We Obtained a Favorable Settlement
As the motion was pending, the opposing counsel realized that their case was weak and sought a settlement. After negotiation, the legal team at Martin + Colin was able to obtain a successful outcome for our client.
Contact Us if We Can Help You
If you or a member of your family has been hurt in an accident due to the negligence of another person or firm, the experienced personal injury lawyers at Martin + Colin, P.C. may be able to help. Please call (914) 771 7711 anytime.