Sanitation Worker Settles for $465,000 After Suing the City of New York and Homeowners After being Injury on the Job

Dennis Ryan, of the Law Office of Dennis P. Ryan, represented a 42-year-old New York City Department of Sanitation Worker who tripped and fell on a defective sidewalk while he was working. The defective sidewalk was in the driveway area, abutting a 1 family, residential home in the City Island area of the Bronx.

The plaintiff sued the City of New York, claiming it owned the sidewalk under Administrative Code 7-210. The plaintiff also sued the homeowners claiming that they made a special use of the driveway area apron where the plaintiff fell and made the condition worse by driving their cars over the area each day.

The homeowners asserted that the City of New York was responsible for maintaining the sidewalk under Administrative Code 7-210. The City of New York argued that the homeowners were responsible for the defect as it was in a driveway area and that the homeowners caused and worsened the defect by its special use of the driveway area. Both defendants argued that the defective area was open and obvious. Both defendants claimed that the plaintiff was either entirely or partially at fault for not taking reasonable steps to avoid the area.

The plaintiff maintained that he suffered a partial tear of the Achilles tendon and missed approximately 13 months from work. The plaintiff claimed that he lost out on approximately $20,000 in overtime while he was out of work for 13 months.

The defendants claimed that the MRI report taken shortly after the accident listed the tear as “Chronic” and that it was not related to this fall. The plaintiff countered that he had no prior difficulties. The case settled prior to trial for $465,000. The homeowners paid $250,000 from its $1,300,000 in insurance coverage. The City of New York paid $215,000.