SLIP AND FALL – SIDEWALK DEFECT – FRACTURED LEFT TALUS
- Slip and fall fracture–talus in left foot.
- Multiple surguries
At the hospital a hard cast was applied, but due to a non-union of fracture, open reduction and internal fixation was performed. A second surgery was performed approximately one year later, consisting of a right iliac crest bone graft to the fractured talus. The fixation hardware was removed by a third procedure.
Facts: The Fitzgerald Law Firm represented the plaintiff in a New York slip and fall lawsuit. On a clear, dry night, plaintiff and his son-in-law were walking to a relative’s house. Approximately two blocks from plaintiff’s residence, plaintiff tripped and fell on a broken sidewalk immediately adjacent to a fire hydrant. Plaintiff’s left foot went into a hole in the sidewalk, twisting the ankle and fracturing plaintiff’s left foot talus. The Department of Transportation had previously prepared a map that showed the sidewalk defect, and the plaintiff served the city with a Notice to Admit, asking the city to admit that its own map showed the sidewalk defect, which had existed since September 1990. The city would not admit that it had notice of defect. On motion by plaintiff, the court granted summary judgment on the issue of prior written notice of the sidewalk defect.