Fighting to WIN

June 2015

Woman, 89, wins $200,000 in suit with city over sidewalk

The city will pay for missing a year of sidewalk inspections after a successful lawsuit by a senior who stumbled and fell on a stretch of uneven concrete on the Mountain.

The courts have ordered Hamilton to pay almost $200,000 in damages to 89-year-old Blanche Worthey, after she tripped and injured herself on a heaved portion of sidewalk near her former home on Upper Sherman Avenue in 2012.

Rob Hooper, lawyer for the plaintiff, said the city just “doesn’t do a very good job” evaluating unsafe sidewalks in general.

“I don’t know if the risk department doesn’t see their system is fairly flawed,” said Hooper, who has pursued other sidewalk trip-and-fall cases against Hamilton.

Hooper noted the offending portion of sidewalk still hadn’t been fixed when the case was heard in mid-May.

Hooper said Worthey was living independently, doing her own chores and running errands before 2012. The fall broke her wrist and forced her to undergo a hip replacement. She has recovered, but is now living in a nursing home.

Our Team of Experts

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Kimberly A. Jossul, B.Sc. (Hons), LL.B.

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Robert Hooper, B.A., LL.B.

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