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$400,000 awarded at mediation to a boiler repair supervisor who fractured his right elbow in a Queens parking lot, when he slipped on ice and fell while exiting his car. We sued both the plaintiff’s landlord and her neighbor, who owned abutting properties and were responsible for keeping the parking lot free from snow and ice. The defendants argued the plaintiff fell outside of their property line and that he was partly responsible for his own fall. The plaintiff required an initial closed reduction to set the fracture and then three arthroscopies to clean up the elbow, which required various stages of removing cartilage and scar tissue and shaving the bone to prevent rubbing against his humerus.
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