Feldman, Kleidman, Collins & Sappe LLP’s (FKC&S) 67-year-old client was walking on Main Street in the City of Poughkeepsie, NY, attempting to cross from the north side to the south side of the street. Although there was a marked crosswalk a few feet away, she stepped off the curb and onto a storm drain grate. The grate was not properly maintained and in poor condition. FKC&S’s client’s leg went through it, causing severe lacerations. She developed an infection requiring a brief hospitalization.
The defense argued they had no notice of the defective grate, and that FKC&S’s client made the choice to step on the grate, with the crosswalk just a few feet away. Based upon the significant medical care required for FKC&S’s client, the municipality agreed that an early resolution was appropriate. In January 2023, after suit was filed, the case settled for $125,000.