Jane Doe went jogging on a designated pedestrian path, as she had on many prior occasions. Based on her prior experience, she was aware of construction in the area. In the past, she had heeded signs and warnings relating to any path closures. On the morning of her fall, Jane Doe never encountered any signs, barricades or warnings blocking her path; warning that the path was closed; or providing an alternate route. If she had encountered any such warnings, she would have turned around.
At some point shortly prior to her fall, she passed two orange cones that were protecting a pipe that encroached into the path, but there were no signs or barricades indicating the path was closed or otherwise inaccessible. As she continued forward, she tripped over a hose that lay across the path. Jane Doe felt immediate, excruciating pain in her left hand. She knew that something was seriously wrong. Within minutes, paramedics arrived and noted her deformed fingers as well as hematoma/abrasions on her left shoulder and knee and rushed her to the hospital where she underwent emergency hand surgery for multiple fractures and open wounds. The surgeon inserted hardware that had to be removed at a later date.
Jane Doe claims the construction company responsible for maintaining pedestrian traffic during the course of construction had failed to place proper signage or otherwise provide an alternate route.
Murray Guari was successful in obtaining Jane Doe a substantial recovery from the construction company for failure to provide proper warnings.
