Broken Hip, Total Hip Replacement
Injuries: Broken Hip, Total Hip Replacement
Facts and Claim of Liability:
Plaintiff had lived in the subject premises, located in the Bronx, with her husband for forty years. One day in 2009, plaintiff and her husband were entering the building when they noticed that the bottom step of the front steps had a “chunk” missing.
At around 2:30 p.m. on August 4, 2010, plaintiff was leaving the building and walking down the front steps when she slipped and fell on the broken bottom step, which had been covered by garbage and advertisement fliers. The area was well-lit, and plaintiff had been wearing her glasses, as well as sneakers.
Plaintiff was transported to Montefiore Medical Center via ambulance. An X-ray revealed that her hip had been broken. Plaintiff stayed in the hospital for over a month (until September 11, 2010), and ultimately had to undergo total hip replacement on September 14, 2010.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant management company failed to take proper safety precautions and thus allowed the bottom step of the front steps to become broken and covered with debris, which resulted in an injury to plaintiff. Ultimately, Fitzgerald & Fitzgerald settled with defendant for a total of $700,000.00.