Posted by Gary Burger on June 11, 2018 in Premises Liability
This case brought together two elements of personal injury law, condition of property and negligence claims. These claims came about after my client, Kim, was riding his bike and was seriously injured due to negligence during side walk repairs. The conclusion of this case shows why it is important for clients to seek medical and legal attention if they are ever injured.
Facts of the Case:
Kimball was going to the post office on his bike on a rainy day when his bike crashed while driving over some unfinished sidewalk repairs. The initial fall was not indicative of the subtler medical harm that Kim was in.
After the fall, Kim returned home where he and his wife went to the emergency room. There, he received treatment for facial lacerations and head trauma. Kim was held for observation but eventually released.
Nevertheless, one month after his release from the hospital, Kim was returned to the hospital after having severe headaches. Upon further examination, doctors found that Kim had a hematoma that needed to be evacuated. This delicate medical procedure saw surgeons remove Kim’s skull and the membrane around his brain to repair the damages to his brain. A week later he was brought back to the emergency room with more symptoms. After months of recovery and pain, Kimball has made a 100 percent recovery.
While this was happening, the proceedings to hold someone accountable for this horrible incident began. Our legal team and Kimball worked tirelessly. Key evidence came from a deposition we took from a public works official. This official disclosed that the two companies working on the side-walk repairs, AT&T and Holloran Contracting, had ignored the need for a permit and signage when conducting these repairs. He also disclosed that:
- They should have gotten a permit to remove the sidewalk and the main purpose of the ordinances requiring the permit is the health and safety of the public
- They should have put up barricades and “sidewalk closed” signs
- The County received a call from Kim’s life and did not know about the absent sidewalk prior to the call
- The County put up the proper signage after Kim’s crash
- Hollaran did not have any “sidewalk closed” signs
Thanks to the tireless work of our law firm and Kimball and his family, justice was served. Despite the defenses best efforts to evade responsibility, the court sided with Kimball for a reward of $270,000.
Lessons from the Law:
The key take-aways from this case are to always report incidents that happen with a public good and to always seek medical attention after an injury, no matter how minor. Kim’s life was saved by the medical attention he got, and this story would’ve never come forward had it not been for the hard-working medical professionals. Kim and his family’s diligence and commitment to this case demonstrate how clients can make a massive difference in their case.
Kim’s wife reported the sidewalk immediately after the incident which prevented more people from being harmed and provided evidence that the companies repairing the sidewalk were not following the proper state regulated procedures.
The success in this case was thanks to the tireless work of so many individuals and we are so happy to help Kim, like our other clients, get his life back together after an event that can seem life-altering.