$1.5 Million Recovery After Pedestrian Tripped on Years-Long Brooklyn Sidewalk Defect
A 62-year-old woman tripped over a large, broken section of sidewalk in front of a Brooklyn commercial property and fell hard. The Orlow Firm pursued the property owner and the commercial tenant. The defense had two arguments: a procedural motion to dismiss the case, and a plan to argue at trial that any back or ankle problems she had after the fall were just age-related wear and tear. The Orlow Firm produced a clean medical record from three days before the fall, used Google Earth historical imagery to establish four years of constructive notice, and recovered $1.5 million for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 62-year-old woman walking with her boyfriend along a Brooklyn sidewalk on July 27, 2013, on her way to a nearby store. As she approached the property, a car was parked in the driveway ahead, partially blocking her path, and someone was standing next to it. As she looked up, she tripped over a large, broken section of the sidewalk and fell hard.
How We Won
The defense had two arguments. The first was procedural. They moved for summary judgment to dismiss the case, and the appeals on those rulings were pending as the case approached trial. The second was more dangerous. They planned to argue that any back or ankle injuries our client had after the fall were the natural result of age-related wear and tear, not anything the broken sidewalk had caused.
Adam Moses Orlow, our Senior Trial Partner, built the case on two pieces of evidence the defense could not work around. The first was a routine visit to our client's primary care doctor three days before the fall. The records from that visit noted her musculoskeletal system was completely normal. There was no back problem. There was no ankle problem. The clean baseline made the post-fall surgical course impossible to attribute to age. The second was a Google Earth historical-imagery search of the sidewalk in front of the property. The same broken section, in nearly identical condition, appeared in photos taken in June 2009, four full years before our client's fall. The defect had been there. The owner had constructive notice for years and had done nothing.
The Injuries
An ambulance took our client to the hospital with pain in her back, ankle, and knee. Imaging revealed disc and ankle damage. Over the following years, she underwent multiple back and ankle surgeries.
The Result
The Orlow Firm recovered $1.5 million at mediation.
Prior results do not guarantee a similar outcome.
If you or a loved one has been injured by a poorly maintained sidewalk or premises condition, contact The Orlow Firm at (646) 647-3398 for a free consultation.
