Case Conclusion Date: October 21, 2005
Practice Area: Personal Injury
Outcome: After a four-day trial, the jury returned a defense verdict after determining: (1) the sidewalk did not present an unreasonable risk; (2) the City did not know or should have known of the condition; and (3) Plaintiff was more than 50% at fault.
Description: Michael Agruss represented Plaintiff. On August 6, 2003, Plaintiff was on her way to the beauty shop when she tripped-and-fell on a defective sidewalk at 450 East 61st Street, sustaining a nondisplaced three-part proximal humerus fracture in her left arm. The defense contended the condition was open and obvious and the City had no notice.