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Premises Liability
Pedestrian Tripped on Sidewalk Grate During Altercation
Verdict: $552,000.00, January, 2003
Case Type: Dangerous Condition of Public Property, Trip and Fall, Premises Liability Sidewalk
Case: Ramon Cabral v. 470 West 166th L.L.C. and Lemle & Wolff, Inc., No. 6984/00
Venue: Bronx Supreme, NY
Judge: Alexander W. Hunter
Date: 01 31 2003
PLAINTIFF(S)
Attorney: Kim H. Townsend; Manhattan, NY, for Ramon Cabral
Expert: William Marietta Ph.D.; Safety; West Islip, NY called by: Kim Townsend William Crane M.D.,Orthopedics called by: Kim Townsend
DEFENDANT(S) Attorney: Joan L. Fiden; Fischer, Fiden & Norris, L.L.P.; New York, NY, for 470 West 166th L.L.C., Lemle & Wolff Inc.
Expert: William Kulak M.D.; Orthopedics called by: Joan Fiden
Plaintiff Ramon Cabral, 38, the owner and operator of a limousine dispatch company, was assaulted by a stranger on the sidewalk at 2129 Amsterdam Ave. in the Bronx, N.Y. The incident occurred within an altercation involving 20 to 25 people. Cabral claimed that when he attempted to evade his attacker, he tripped on a sidewalk grate, which covered a service access to a building owned by defendants 470 West 166th L.L.C. and Lemle & Wolff, Inc. He maintained that he was thereafter assaulted by his attacker, who kicked him repeatedly about the face and body.
Cabral contended that the sidewalk grate was a hazardous condition, and that it had existed that way for several months prior to the incident. The defendants argued that based on the evidence, the condition of the sidewalk grate was not the proximate cause of Cabral's injuries.
Injury: Cabral sustained a trimalleolar ankle fracture, which required open reduction and internal fixation with screws and a metal plate. He was hospitalized for several days, and he subsequently underwent physical therapy. He used a walker, crutches and a cane for several months. Evidence presented by both attorneys indicated that Cabral's surgery was successful, but Cabral argued that he continues to have pain and loss of motion in the ankle, as well as swelling and irritation from the hardware. Cabral claimed that the residuals are permanent. The defendants did not contest the residuals' permanence, but they argued that they are not as serious as Cabral claims. The defendants also claimed that Cabral's injuries, including the "Boxer's fracture" of the fifth metacarpal were sustained in the fight