Berger and Green recently settled a case for a woman who fell on black ice while exiting her apartment building during the winter. The ice had accumulated on the steps of the building due to a lack of gutters above the steps. As a result of the fall, our client sustained a Monteggia fracture (elbow fracture) which required surgery.
Our client’s landlord and their insurer initially refused to accept any liability, so it was determined a lawsuit needed to be filed. After a round of depositions, private arbitration was agreed to with a hi/low stipulation. Knowing this situation, Berger and Green obtained an expert report from an architect and the case was settled at the hi-end of the agreed settlement range. Our client was able to avoid going to court and secured an amount of compensation that will help her move on from this unfortunate accident.
