The insurance carrier for a property owner in Brooklyn, New York, will pay a woman who tripped over a broken sidewalk $275,000 after a jury found the owner 75 percent responsible for her fall.
Facts and Allegations
Rehka Haque, alleging that she tripped on a broken, uneven section of sidewalk in Brooklyn, sued the property owner, Jose Rodriguez, for negligence.
A witness claimed that the defect was at least a year old. Ms. Haque's counsel noted that Mr. Rodriguez had received a municipal order to repair the sidewalk.
Defense counsel contended that the defect was an open, obvious condition that Ms. Haque could have avoided.
Result
The jury found that Mr. Rodriguez and Ms. Haque shared liability for the accident. Mr. Rodriguez was assigned 75 percent of the liability, and Ms. Haque was assigned 25 percent of the liability.
Prior to the start of the trial's damages phase, the parties negotiated a settlement. Mr. Rodriguez's insurer, State Farm Insurance Company, agreed to pay $275,000 from a policy with a limit of $1 million.
The case is Haque v. Rodriguez, No. 509078/14 (N.Y. Sup. Ct. Kings Co. July 1, 2019). Attorneys involved include: Arthur O. Tisi; Rosenberg, Minc, Falkoff & Wolff, LLP; for Rehka Haque ,Mohammed Haque; John M. Shields; Devitt Spellman Barrett, LLP; Smithtown, NY for Jose Rodriguez.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's and defense counsel.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].