Our client, a former home health aide worker, was on disability for diabetes and a mental health condition when they were caused to cut the bottom of their foot on a broken piece of tile in their apartment in Bronx, New York.
Five days later, they noticed their foot was infected, so they went to the emergency room. At that point, the infection in the foot was so severe that gangrene developed. The client then underwent an amputation of their leg below the knee.
The defendants argued that our client failed to mitigate their damages in waiting five days to get medical treatment. They also claimed that there was no notice given of the defective tile condition.
HKD Partner, Jonathan Damashek settled the case for $2,250,000 at a mediation.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.