Our client, a home healthcare aide, was taking care of his home-bound patient in the patient’s home in Brooklyn.  His patient asked him to go to the local pharmacy to pick up a prescription. Our client left his patient’s home and was riding his bicycle toward the pharmacy when his bicycle struck construction materials that were in the middle of the roadway, causing him to fall off his bicycle and sustain injuries to his knee.

The construction materials in the roadway were not confined within any type of barrier or other means of separating the materials from vehicles or bicycles traveling on the roadway, in violation of multiple statutes, ordinances and construction permits.

After our client’s bicycle collided with the construction materials, he was experiencing excruciating pain in his knee.  An ambulance arrived at the scene and took our client to the emergency room at Maimonides Medical Center. X-rays revealed that the tibial plateau of our client’s knee was fractured, requiring him to be admitted to the hospital and undergo an immediate open reduction internal fixation surgery.

After years of litigation, and on the eve of trial, Fred Schulman, Esq. agreed to participate in an out-of-court mediation, where he successfully settled our client’s case for $375,000