Falling Wheelchair

Jury Hears Evidence, Denies Claim

The plaintiff, a housing authority tenant, claimed that a crack in the sidewalk caused her wheelchair to tip over and that her resulting injuries included fractures and the dislocation of two fingers. The plaintiff had lived in the apartment with no complaint for three months before the injury, and the former tenant was also wheelchair bound and made no complaints. We argued that the housing authority was not negligent and that no dangerous or defective condition existed at the time of the accident. Further, we contended that the authority acted reasonably in the maintenance of its property. The housing authority demonstrated that it made daily, monthly and annual inspections. The jury returned a finding that the authority was not negligent.

Other Cases / Wins:  Municipal Law