Brooklyn Slip & Fall Victim Settles Mid-Trial For $900,000

On November 5, 2018, a 57 year old female who suffered a knee injury requiring five surgeries as a result of a slip and fall on an icy sidewalk settled her case in the middle of a jury trial in Brooklyn for $900,000. The plaintiff was walking on the sidewalk late at night in Queens when she slipped on snow and ice in front of the defendant's vacant house. The defendant was a real estate investment group that bought residential homes at auction and flipped them. (The defendant LLC was no longer in business at the time of trial and had a one million liability insurance policy.)

Photographs taken the day after the accident revealed that every house on the block had a clean sidewalk except for the defendant's. A Weather Report revealed that the accident occurred three days after a 7 inch snowfall with continuous freezing temperatures since. The defendant argued that the photographs could have been taken in front of other similar houses and that they always maintained clean sidewalks. However, there was no other evidence supporting the property manager's claim that he always promptly shoveled the sidewalk within a few hours of a snowfall. The current owner of the house testified that she bought her house from the defendant and that the photograph's did indeed depict her house and the sidewalk.

The plaintiff complaining of severe knee pain, was removed from the accident site by an ambulance and following emergency room treatment was discharged as x-rays of the knee were negative. Follow up visits to an orthopedist for knee pain and limited range of motion resulted in two arthroscopic procedures within the first year after the accident. One year after the second scope, a total knee replacement was performed due to osteoarthritis in two compartments. Five months later the hardware failed and the plaintiff had to undergo a second total knee replacement. Since the plaintiff was unable to fully extend her knee, she required a manipulation of the knee under general anesthesia. The defense orthopedist had stated that all surgeries were unrelated to the accident and due to a pre-existing condition of osteoarthritis. The parties reached a settlement of $900,000 after three days of testimony.  Atkinson v Madison 3 Partners, LLC., Sup. Ct. Kings County, Index # 6650/14

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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