Plaintiff, a 56-year-old woman, was driving on Atlantic avenue in Brooklyn. As she approached one of the intersections, her vehicle struck a pothole. The impact flattened vehicle’s tires and bent the same wheel’s rim. Plaintiff claimed back and neck injuries.
The attorney we provided for the plaintiff sued the street’s owner, the city of New York, for negligence in maintenance and repair of the street. The expert engineer hired by the attorney noted that the pothole was previously supported by concrete, sub-base and earth, and that those materials were lost when a sewer pipe ruptured. The engineer further contended that the materials should have been replaced by the repair crew and that the workers did not do so. Defense counsel presented the repair crew’s supervisor who contended that the repair was done properly.
Defense counsel also contended that the pothole was an open, obvious condition (3 feet long and 4 feet deep) that the driver should have been able to avoid. Finally, defense counsel asserted that the city did not have written notice of pothole’s presence. Our attorney was nevertheless able to pursue the case with an emphasis on the plaintiff’s injuries and surgical interventions that became necessary to restore her health.
During the trial, the parties agreed to a settlement in the amount of $1,250,000.