Plaintiff was walking outside of a parking garage on the way to pick up her young daughter from day care when she tripped and fell over a broken sidewalk. Pursuant to New York City Administrative Code Section 7-210 the owner of real property is liable for the maintenance of their sidewalk. An exception is made for 1, 2 and 3 family owner occupied homes wherein the City of New York is liable. The plaintiff fell on her left knee, but continued on her way in pain to get her daughter. When she arrived at the daycare facility she advised the teacher.
Following this accident our client tried to manage her pain and discomfort by applying Tiger Balm and Ice Packs to both knees and using over the counter pain medication. She also tried some exercises, which was of no help. Due to the fact that her medical condition was not improving, and she began experiencing increased persistent pain to both of her knees, it became clear that she needed medical attention.
She went to the hospital and told the emergency room doctor about her fall on the sidewalk 3 months earlier. X-Rays were taken and she was found to have no broken bones. She was released and told to follow up with a private doctor. The plaintiff came under the care of an orthopedic surgeon. She had an MRI of the left knee and was told she would need arthroscopic surgery. Approximately 18 months after the accident she underwent left knee arthroscopic surgery
Leav and Steinberg aggressively pursued this matter with the insurance carrier for the owner of the parking garage. After extensive negotiations, the parties came to an impasse. We were able to convince the insurance carrier to go to mediation prior to filing the lawsuit. At the mediation Leav & Steinberg could convince the defendants that the 3-month gap in treatment could be overcome. The matter was settled for $250,000.00 in mediation.
