Construction Accident Cases

Situation:

Why did this garage door fail to reverse on contact?

Lipkin & Higgins was retained by a woman in her mid-40s who was struck in the head by an electric garage door in the parking garage of a high rise apartment building. Lipkin & Higgins hired an engineer to inspect the garage door and premises. Our attorneys learned that the door had been installed and maintained in violation of the manufacturer’s specifications. An attachment to the garage door, called a reversing safety edge strip- the part which causes a garage door to rise as soon as it comes into contact with an object- had not been installed.

Lipkin & Higgins brought suit against both the garage door installer, as well as the condominium association, which knew that the door created a risk of substantial harm to persons walking in and out of the garage.

Our client suffered a closed head injury, which included short and long-term memory loss, headaches and neck pain. These damages do not appear on objective tests such as an x-ray, MRI or CT-scan, and much of our involvement in this lawsuit was to have our client’s treating doctors explain the nature and extent of a traumatic brain injury. Treatment was limited to physical therapy and medication.

Successful Resolution: $150,000

Following more than 15 depositions of various construction and building personnel, the attorneys of Lipkin & Higgins were able to achieve a $150,000 settlement for our client..

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