Our client was exiting their apartment in Rochester to head to work when they slipped on an ice-covered handicap ramp immediately after exiting their building. The property manager had installed the ramp for a member of the client’s family. The ramp where our client fell had a sheet of ice that couldn’t be seen with the bare eye. The defendant snowplow contractor admitted responsibility for salting the ramp pursuant to itslegal contract, and it typically did so before tenants had to leave for work. Despite it being our position that the property owner and contractor were clearly negligent, we anticipated the defense raising the “storm in progress” defense at trial due to the weather patterns, as there had been freezing rain early that morning. Depending on the specific circumstances, this can be a valid defense to a slip and fall incident in New York. We anticipated this argument and were able to obtain the testimony needed to make our client’s case.
Our client had sustained serious injuries to their lumbar spine, resulting in years of conservative treatment, injections, discussion of a spinal cord simulator, and eventually a lumbar fusion. Our client was unable to work for several months due to their initial injury and surgery. Their injuries impacted their ability to engage in nearly all of their daily activities and hobbies. Their injury impacted their ability to play with their grandchildren, and they had to lean on support from their children. They were also unable to care for their disabled family member, for who the ramp was originally installed for.
One month before we were scheduled for trial, we were able to successfully negotiate a $325,000 settlement. This case was resolved three months after the client had their surgery. Had we rushed the settlement process, we would not have obtained the same great result for our client. That meant needing to act as if the case were going to trial and the necessary preparation needed to be done, our patience paid off. We also ensured that we proactively contacted the client at every step of her case. Fortunately, this client was not required to pay out of pocket, not did they owe their health insurance carrier any of their costs back (typically the health insurance company may assert a lien, but these were special circumstances). This resulted in our client receiving a life-changing sum of money to help ensure they have a future and can recover.
