Attorney obtained a non-suit in a case involving a passenger of a vehicle who sustained a significant fracture to her ankle requiring surgery

Attorney obtained a non-suit in a case involving a passenger of a vehicle who sustained a significant fracture to her ankle requiring surgery. The vehicle she was occupying struck an uncovered trench causing the airbags to deploy and the car filled with smoke. The plaintiff is Chinese and needed a Cantonese interpreter. She thought the car was on fire and jumped out of the moving vehicle and broke her ankle. Our client was building condos adjacent to where the trench was located. The City excavated the trench to tie in water lines to the condos we were building and our superintendent noted that the City was digging in the trench the day of the accident. Our client had previously filled in the trench with cold patch because drivers were complaining about the drop off.