Elderly Man Gets Settlement After Tripping on Sidewalk

Posted By San Jose Personal Injury Attorney || 25-May-2012

A 70-year-old man was paid $450,000 by the City of Gilroy in a hushed $700,000 settlement after tripping on an uplifted sidewalk on Martin St. back in 2010; the culprit behind the accident being a 40-year-old Magnolia tree whose roots were tearing up the sidewalk.

The San Jose resident was on his way to OD’s Kitchen on March 26, 2010 when he tripped on the jagged concrete as he was walking from Monterey Street. The accident occurred in front of Garlic City Billiards, as the elderly man was walking, he tripped on the uplifted concrete and struck his head on a nearby tree where he lost consciousness. He was taken to Saint Louise Hospital where he was treated for his injuries. The victim later sued the City of Gilroy, Santa Clara County, the owner of Garlic City Billiards and the building’s owner for his personal injury damages including permanent cognitive damage.

The 40-year-old Magnolia tree was found to be the cause of the uplifted concrete. The crack has since been smoothed over by concrete but the Magnolia tree remains. The owner of Garlic City Billiards was ordered to pay the remaining $250,000 because his insurance company said settling was cheaper than fighting it. The accident victim was represented by Michael Shea of Shea & Shea.

To read the full press release about this, click here.

In practice since 1966, Shea & Shea is a nationally recognized firm that represents victims of catastrophic injuries, especially brain and spinal cord injuries. We work with a panel of experts in a variety of disciplines including: neurology, emergency medicine, vocational therapy and many more. For more information, contact a San Jose personal injury attorney from the firm at once.

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