Our client, 72 years old, was a passenger in a car parked along a curb. Getting out, the door was partially blocked from fully opening because a fence in a tree well blocked it. Having to squeeze out of the car, Plaintiff took two steps and tripped over a piece of concrete fracturing her jaw. The concrete was securing the fence, but raised above the dirt, causing a dangerous tripping hazard.
Under most circumstances, a building owner is not responsible for a tree well. Here, we argued that the building owner was liable because the building installed the fence for decorative purposes, therefore exercising control over the tree well. Even though the Defendant argued a high degree of negligence on behalf of our client, a day before jury selection, the case settled for 500K! Prior thereto, the offer was twenty-five thousand dollars!
If you are injured in a slip and fall, no matter what the circumstances, call Addabbo & Greenberg.
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