8/11/2010
Chernow v. Ronald Winston
Plaintiff tripped and fell on a defect in the sidewalk in front of the townhouse owned by defendant Winston. She fractured her wrist and required open reduction and internal fixation. After the close of discovery, Andrea Sacco Camacho successfully argued that Winston’s townhouse was a single family dwelling and he made no “special use” of the sidewalk. She also argued that the subject defect was trivial and thus, not actionable. The court agreed with Ms. Camacho and dismissed all claims and cross claims against Mr. Winston.