$5,000 Pinky Injury Goes the Distance

In Polaski v. Saier, a fifty-year-old plaintiff tripped and fell on a sidewalk and fractured her fifth metacarpal (below the pinky) in her dominant hand. The “dangerous condition” plaintiffs proffered was a less than one-inch raised surface on the sidewalk, which she alleged the defendant property owners were negligent in maintaining. The defendant property owners argued that (1) the raised concrete posed a minimal danger, (2) more dangerous conditions existed in surrounding areas, and (3) the plaintiff herself was negligent, as she turned to talk to her children while walking and was not looking where she was walking. The jury, found that plaintiff was 40% negligent and the defendant property owners were 60% negligent.  The jury awarded plaintiff $8,500, which was reduced to $5,100 based on plaintiff’s percentage of liability.

It appears that this seemingly low value matter resulted in a two-day trial, rather than settlement, due to a dispute between parties on the severity of plaintiff’s injuries.  No matter how minimal the injuries, sometimes, cases need to go the distance to reach a resolution.

Thanks to Rachel Freedman for her contribution to this post.