A bicyclist thrown off her bike by an uneven sidewalk has won a $300,000 settlement from a city in Michigan, according to the Oakland Press News.
In May 2012, the 49-year-old woman was traveling underneath a railroad viaduct along the north side of 13 mile road in Royal Oak, Michigan, when she hit a sidewalk section that was two-inches higher than the portion before it. When her front wheel hit the elevated edge of sidewalk, she was thrown from her bike. The woman suffered a broken hip and allegedly aggravated a previous back injury in the bicycle accident.
Suit Filed on Behalf of Woman
In 2013, her attorneys filed suit in Oakland County Circuit Court seeking compensation for lost wages, pain and suffering. The defendant, the city of Royal Oak, appealed an adverse Circuit Court decision to the Michigan State Court of Appeals. However, the appellate court refused to overturn the lower court’s decision. A retired judge subsequently mediated the matter and helped the parties come to the final settlement agreement.
City Unsuccessfully Blames Railroad
Although the city contended that it was the railroad’s responsibility to maintain the sidewalk, that argument was not successful in court.
In certain cases, injuries resulting from improperly maintained public facilities may subject governments to suits seeking damages. Litigation often seeks compensation for medical expenses, pain, suffering and lost wages.
If you or someone you know is injured in an accident where negligence may have been a factor, one of our attorneys will review your case at no cost to you. To learn more or to schedule a consultation, please contact us.