Fort Myers council accepts $101,182.61 arbitration award in trip-and-fall case; calls for more proactive sidewalk maintenance

The Fort Myers City Council voted to accept a nonbinding arbitration award in a trip-and-fall case brought by a resident who fractured her wrist after tripping on an uneven sidewalk slab.

Assistant city attorney Amanda Browning Richardson told the council that the arbitrator found the city 65% negligent and the plaintiff 35% negligent and that "the amount of that award totals... $101,182.61." She said the city had pursued summary judgment but the motion was denied, the matter proceeded to a hybrid mediation/arbitration, and the office recommended acceptance of the award to avoid the risk of a larger jury verdict and additional costs.

Councilmembers used the discussion to press for more proactive sidewalk maintenance. One member noted repeated payouts in sidewalk cases and asked whether the city could adopt a more preventative inspection and repair program; staff and the city attorney's office said they were discussing options, including setting aside maintenance dollars and using grant opportunities. Parks and public-works representatives and councilmembers discussed tree-root issues, thicker concrete specifications and root barriers as mitigation options.

A roll-call vote was recorded on the motion to accept the arbitration award. The motion passed with a majority of council voting yes; Councilmember Berson voted no. Assistant city attorney Richardson noted the plaintiff has until the following day to file a motion for trial de novo; if she does so, the case may proceed to jury trial.

The vote closes the local decision to accept the arbitration award unless the plaintiff files for trial de novo in the court window described on the record.