We represented Lisa, a 28 year old Bronx waitress who tripped and fell due to a broken curb at a shopping mall. The sidewalk connected to a parking lot and to reach the parking lot she would have to step off the defective curb.
During the trial of this matter we established that the defect, although not very large in size was particularly dangerous since is was painted over with yellow curb paint and therefore not easy to see. We argued that the configuration of the sidewalk and parking lot funneled people to the area where she fell and that she did not look down because she was paying attention to traffic and looking for her car. A store manager at the mall testified that he had walked by the area every day for several years and had not noticed the defective curb.
As a result of this fall she sustained a fractured femur (thigh bone) which required surgery wherein a rod was inserted into the bone.
The jury agreed that this was a dangerous condition that the owners of the mall should have been aware of and corrected. The awarded the sum of $450,000 for past pain and suffering and $700,000 for future pain and suffering.
