Our client, a 70-year-old college adjunct professor, tripped in a corridor of a subway station in Manhattan. She fell, and she sustained injuries to her arm and shoulder.

Our client sued the station’s operator, the New York City Transit Authority. She alleged that the New York City Transit Authority was negligent in its maintenance of the premises. She further alleged that the New York City Transit Authority’s negligence created a dangerous condition.

The plaintiff claimed that she tripped on a broken tile. A police officer who responded to the incident agreed that there were broken and cracked tiles in the vicinity, and Lerner’s counsel contended that the subject defect had existed for at least a year.

Defense counsel contended that plaintiff’s counsel could not establish the age of the defect. He also contended that the accident was a product of our client’s failure to watch her steps.

Our client sustained a dislocation of her right, dominant arm’s shoulder and a fracture of the same arm’s humerus. She underwent about seven months of physical therapy. She contended that her injuries makes it difficult for her to write on the blackboard during classes and grade papers.

The jury found that the New York City Transit Authority was negligent in its maintenance of the station. It determined that the plaintiff’s damages totaled $125,000.