A dentist in her 50s, a resident of Ma'ale Adumim, went on a routine break during her workday in Jerusalem, and suddenly found herself lying injured on the sidewalk, unable to get up.
The serious accident occurred on Torah Mitzion Street in the capital, when while walking to her doctor's office, the doctor's foot suddenly encountered a dangerous hole created by the sinking of paving stones in the sidewalk. Due to the sudden sinking, the doctor lost her balance and was thrown hard to the ground, seriously injuring her shoulder and right knee.
Following the fall, the doctor was unable to get up from the ground, and passersby who witnessed the accident helped her and called the rescue forces.
Following the accident, the doctor was evacuated to a medical center, and from there she was rushed by ambulance for further treatment at Shaarei Tzedek Hospital in Jerusalem.
At the hospital, it was discovered that she was suffering from an injury to her right shoulder, a partial tear in the inner ligament of her knee, instability in her right ankle, and bruises to her wrist and pelvis.
In the months following the accident, the doctor continued to suffer from pain, which prevented her from performing simple daily activities such as walking continuously, lifting objects, and performing her delicate and precise work as a dentist. Despite the many treatments she underwent, the doctor continued to suffer from limitations and ongoing pain.
Initially, she contacted the National Insurance Institute, which recognized the incident as a work accident, but determined that she had no permanent disability. Following this decision, the doctor contacted attorney Itamar Ben Ami, who filed a tort claim on her behalf against the Jerusalem Municipality.
According to Attorney Ben-Ami, the municipality was negligent, as it did not ensure proper maintenance of the sidewalk, did not perform the required supervision, and did not place warning signs at the site against the subsidence of the Hackerstein stones that created a hazard on the sidewalk.
Although a medical expert on behalf of the municipality, Dr. Michael Livni, also determined that the doctor had no remaining disability or limitation, the parties reached a compromise according to which the Jerusalem Municipality would compensate the doctor in the amount of 180,000 shekels, in addition to the benefits she received from the National Insurance Institute.
This settlement agreement was recently approved by a judge, who gave it the force of a judgment.
Attorney Itamar Ben-Ami: "Local authorities have a clear obligation to safely and properly maintain the sidewalks and roads in their territory, and to ensure that there are no stones settling in the sidewalks and that they are safe for use, and this responsibility is reflected in the compromise that was finally signed with the Jerusalem Municipality."
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