DEFECTIVE SIDEWALK LEADS TO TRIP AND FALL

Settlement      $250,000
Case                Mae Jacobs v. Canada Leasing Corp.; Canada Leasing Limited Liability Co., and Mid-State Management Corp., No. 11771/01
Court               Queens Supreme
Judge              Alan LeVine
Date                None reported

Plaintiff Attorney(s)   Todd D. Greenberg; Addabbo & Greenberg; Forest Hills, NY

Defense Attorney(s)  Michele Schuster; Jennings, Hocket, Kannengieser, Shuster & Tafuri; Lake Success, NY

Facts
In January 2001, the plaintiff, Mae Jacobs, 75, was leaving her apartment in Lefrak City in Queens, NY, when her foot went into a depressed and cracked area of the sidewalk immediately in front of the door.  The defect was about one-foot wide by one-foot long.  The defendants, the owners and management of the building, argued that the condition was open and obvious, and that Jacobs should have avoided it.  Jacobs contended that there was no other exit from the building except over the defect.  She also contended that it had snowed a day or two before the accident, and that a path was shoveled right over the defect, leaving her no choice but to pass over the defective sidewalk.

Injuries
Fracture, hip; fracture, radius
Jacobs suffered a grade IV displaced sub capital fracture of the right hip which necessitated a right hip hemiarthroplasty under general anesthesia with the insertion of an Austin-Moore prothesis.  She also suffered a fracture of the distal radius of her right wrist.  Jacobs was admitted to a nursing are facility for a program of physical and occupational therapy and rehabilitation for approximately 45 days after the injury.

Result
The case settled for $250,000.

Plaintiff(s)
            Mae Jacobs
                        $250,000 plaintiff’s total award

Demand          None reported

Offer               None reported

Case Status None reported

Plaintiff Expert(s)       Dr. Arnold Goldman; orthopedics; Manhattan, NY

Defense Expert(s)      Dr. Leon Sultan; orthopedics; Franklin Square, NY

Insurer(s)                    Wausau Insurance Co.

Plaintiff(s) Demographics

            Mae Jacobs
                        Age:    75 Years
                        Occupation:    Retired
                        Gender:          Female
                        Married:         None reported
                        Children:         None reported
                        Children Description:  None reported

Written By John Hadler