Date: 09-30-2001

Case Style: Greenberg v. City of New York, et al.

Case Number: 117501/95

Judge: Unknown

Court: Supreme Court, New York County, New York

Plaintiff's Attorney: Jeff S. Korek of Gersowitz, Libo & Korek, New York, New York

Defendant's Attorney: Marianne B. Nelson and Saadia C. Luzzi, Assistant Corporate Counsel, City of New York, and Robert S. Deutsch of Aaronson, Rappaport, Feinstein & Deutsch, New York, New York

Description: Governmental Tort Claim and Medical Malpractice - Plaintiff, a 57-year-old garment executive tripped on an uneven sidewalk, fell and sustained a trimalleolar fracture of his leg. He was treated by open reduction and fixation but developed an infection, which ultimately resulted in amputation of the leg below the knee. Plaintiff claimed that the sidewalk was defective and that the surgeon was negligent in failing to avoid weight bearing on the fractured leg.

The City of New York denied that the sidewalk was defective and the surgeon claimed that the cause of the amputation was an infection and that plaintiff had been adequately instructed on post surgical care of the leg.

Outcome: Plaintiff's verdict for $3 million with a finding that the city was 75% at fault and the surgeon 25% at fault.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None