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Wednesday, September 08, 2010
  Slip and Fall - Ice on Stairway Leads to Fall 

XI/22-3  FALL DOWN STAIRWAY AT SCHOOL BIMALLEOLAR ANKLE FRACTURE
SETTLEMENT: Willie E. v. Board of Education of the City of New York 3745/92 Date of Settlement 1/8/93 Kings Civil

Pltf. Atty: Mark T. Freeley of Daniel P. Buttafuoco, Mineola

This case settled during trial for $125,000 for injuries suffered by Pltf., a 51-year-old teacher, who slipped and fell at IS 390 on Park Place in Manhattan. Pltf. testified that on 1/5/88 at approximately 8:25 AM, she was descending the exterior cement steps of the school when she slipped and fell on a patch of smooth, clear ice. Pltf. contended that the custodian had just inspected the steps and told the janitorial staff to salt the stairway. Pltf. testified that after she fell, she noticed that there was no salt or sand on the steps. An eyewitness corroborated Pltf.'s testimony. Deft.'s custodian claimed that he had instructed his men to salt the steps and that they had followed his instructions.
Injuries: bimalleolar fracture of the right ankle requiring external fixation. Pltf. was placed in a plaster cast for 8 weeks. Pltf. claimed that she missed 11 months of work. Pltf. also claimed that she suffered from inflammation in the ankle and contended that she would probably develop traumatic arthritis.




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