Street Hazard Related Falls

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Making the Case-Street Hazard Related Falls
 
Selected Cook County Verdicts and Settlements
 
$210,924 Verdict:  F-86 sustained a broken elbow and facial injuries when she tripped/fell due to wires that protruded from a deteriorated ADA safety tile in the sidewalk at the corner of 57th and Kenwood (Chicago). Independent testimony established that the tile had been in this broken condition for more than a month. City of Chicago denied having notice of the condition-noting that the City has over 4000 miles of sidewalks to maintain. Verdict was $263,655 less 20% for contributory negligence.
 
Defense Verdict:  F-27 said she tripped/fell in a pothole after stepping off the curb while walking around the back of her parked car-suffering a fractured left foot. Pltf said the hole had been present for over 5 months, but that she did not see it because it was filled with water, ice and snow. However, the City insisted no snow/ice was present since the temperature had reached a record high of 83 degrees only 2 days before the incident.  Defense further asserted that plaintiff had failed to watch where she was going.
 
$350,000 Settlement:  F-44 fell near the edge of the Adams Street Bridge due to broken sidewalk. Roughly nine months prior, the Chicago Dept. of Transportation had advised the alderman’s office of the issue and indicated repairs would be performed. No such repairs were completed. Plaintiff fractured an ankle and underwent surgery.
 
Defense Verdict:  M-44 contended he fell into a hole in the parkway while attempting to retrieve an item from his parked car, suffering a low back injury with radiating pain. The City insisted the condition was open/obvious, and disputed plaintiff’s version of events.
 
$25,571 Verdict:  F-79 and two friends were heading to plaintiff’s birthday dinner when she tripped and fell on dislodged sidewalk paver bricks near 513 Davis Street (Evanston), fracturing an elbow. The City of Evanston stipulated to notice of the condition, and to plaintiff’s medical expenses. However, the defense argued that the condition was open and obvious, and claimed that plaintiff had failed to keep a proper lookout. Verdict was $42,618 less 40% for plaintiff’s contributory negligence.
 
Defense Verdict:  F-23 stepped into a pothole at Washington and Wacker (Chicago) and twisted her ankle-which allegedly led to development of complex regional pain syndrome. The city denied notice, and denied that the condition of the pavement was unreasonably dangerous. The defense also disputed causation of the CRPS, pointing to plaintiff’s two prior ankle surgeries (among other things).
 
$119,250 Verdict:  M-67 fractured his right arm when he tripped/fell on deteriorated sidewalk at Adams and Wacker near Union Station. The City had patched the sidewalk at issue less than a year earlier, but a building manager had written to the City stating that the patching did not last. Defense contended the sidewalk was reasonably safe for pedestrian traffic, and asserted that plaintiff was contributorily negligent. Verdict was $225,000 less 47% for plaintiff’s contributory negligence.