$500,000 Premises Liability Settlement

• Date: Winter 2018
• Attorney: John E. Molinari
• Settlement: $500,000 settlement
• Practice Areas: Premises Liability

John Molinari represented a 49 homemaker who fell on a raised sidewalk during a mid-morning walk with her husband. Two slabs of concrete were uneven in the area of the driveway of the home causing a height differential of over one inch. John was able to prove that the single family home was being rented at the time thereby making it commercial property and creating a duty on the homeowner to properly maintain the sidewalk.  The defendants argued that the plaintiff should have more careful where she was walking and that she had an extensive medical history before the fall.

Plaintiff aggravated her pre-existing neck and back pain causing her to undergo physical therapy, pain management injections and ultimately requiring a two level fusion to her cervical spine. After rejecting numerous lesser offers, the case settled when the defendant tendered the full policy limits of the homeowner’s insurance.