Our client, a pedestrian simply walking through New York City, tripped and fell over a raised utility cover. The utility cover should not have protruded from the ground as it did since this created a severe tripping hazard for anyone. It just so happens that our client was the first to literally stumble across it. The negligence of the city had devastating consequences for her, including one knee surgery and two spinal surgeries to correct imbalance and pain.
The defendants claimed they owed no duty of care to our client and that she caused her own injuries by not paying attention. They did not even attempt to enter into a settlement agreement with her or us, instead of attempting to dismiss the case altogether. Raphaelson & Levine successfully fought this motion and forced accountability on the defendant they were so desperately trying to avoid. Because we could not agree to a settlement with them, the case moved along to trial.
During the court trial, the personal injury attorneys at Raphaelson & Levine presented substantial proof showing that both the owner of the utility and the property owner where the utility was in position had a duty of care to our client to ensure that she did not injure herself on their utility cover. The defendants made an initial settlement offer while the jury deliberated this personal injury case. We ultimately settled for $600,000 before the jury returned a verdict.