GMR Wins New York Sidewalk Defect Trial

GMR Partner Warren Holland won a trial in Queens, New York, where Plaintiff claimed that she tripped and fell on a sidewalk defect on the defendant’s property. 

She allegedly tore a ligament in her right ankle, which required surgical repair.  After the surgery, Plaintiff allegedly developed RSD and continues to have significant limitations in her ankle over five years after the accident.  She was on the job when the accident happened and filed a worker’s compensation claim.  The worker’s compensation carrier asserted a nearly $250k lien, and Plaintiff’s demand was $1 million before trial. 

Although the sidewalk at issue was indisputably cracked, Warren argued that the sidewalk was in “reasonably safe” condition.  The jury agreed and entered a defense verdict on liability.