Pedestrian breaks leg after slipping on icy sidewalk: $125,000 settlement

The plaintiff, 69, was walking to his home on Main Street in Gloucester in the late afternoon when he slipped and fell on an accumulation of ice. The fall was not witnessed, however, there was an account obtained from a responding pedestrian.

As a result of the fall, the plaintiff suffered a left tibial plateau fracture, which required surgery, a stay in a rehab facility, and physical therapy to assist in stability and recovery.

The settlement demand claimed that the owner of a business’s building had failed to salt and remediate the ice, which was formed from a leaky gutter on the building, causing water to spill directly onto the adjacent sidewalk and freeze in the wintry conditions.

Action: Slip, trip and fall
Injuries alleged: Left tibial plateau fracture
Case name: Brooks v. LanDesign Construction, Inc.
Court/case no.: N/A
Jury and/or judge: N/A (settled)
Special damages: $58,000
Demand: $300,000
Highest offer: $125,000
Amount: $125,000
Date: Jan. 21, 2021
Attorneys: Joseph M. Orlando Jr. and Matthew Montano, of Orlando & Associates, Gloucester (for the plaintiff)