Pedestrian Injured in Trip and Fall Wins in CourtPosted on Jan 21, 2010
A fourty six year old woman tripped and fell over a cracked portion of a concrete boulevard. She suffered injuries to her elbow and has projected posttraumatic arthritis to her elbow joint. Her medical bills totalled around $41,000.00.
The injured woman filed a lawsuit against the city for creating and maintaining a dangerous condition on the walkway. An adjacent apartment building was also included in the lawsuit. Her argument included allegations that the the city breached its duty to maintain the walkway. She offered evidence—including a letter to the apartment owners—that the city owned the boulevard in which the unsafe portion of the walkway was located. The suit against the owners of the apartment building alleged they breached a duty to maintain the walkway in a safe condition.
During the trial, the parties reached a confidential settlement with the apartment owners. The jury awarded $175,000 to the injured woman. The jury apportioned liability at 45 percent to the apartment owners, 45 percent to the city, and 10 percent to the plaintiff.
Citation: Kremitzki v. City of Mattoon, No. 08-L-71 (Ill., Coles Co. Cir. Dec. 10, 2009).