Author: mike

Injury

Pedestrian was struck and run over twice.

Injuries sustained:

1. Right C6 pedicle fracture;
2. Left occipital condyle avulsion fracture;
3. Multiple rib fractures (right 2-9 and left 2-10) with flail segment (this occurs when 3 or more contiguous ribs are fractured in 2 or more places).
4. Right pneumothorax and bilateral hemothorax;
5. Right and left pulmonary contusions;
6. Retrosternal hematoma;
7. Proximal celiac artery dissection;
8. L4 vertebral compression fracture;
9. Left scapula fracture;
10. Left pubic ramus fracture;
11. Right adrenal gland hematoma with active bleed;
12. Degloving injury of left elbow
13. Left buttock laceration;
14. Complex right facial laceration; and Left hand burn.

Result

Settlement reached for $1,052,500

Injury

Client slips on asphalt walkway outside of her place of employment in February 2020 walking into work from employee parking lot. Injuries include partial tear of patellar tendon, damage to tendons on left hand small and ring finger, abrasions and cuts to both hands and knees.

Challenge

Plaintiff asserts slip and fall on the dry asphalt walkway was caused by an accumulation of granular rock salt on the dangerously steep walkway without stairs or railings. Rock salt was spread on adjacent parking lot by landlord’s snow and ice removal contractor the previous day. Defense claims rock salt was a necessary condition to treat recent snow and ice accumulation, and obvious to any New Englander in winter months. Further, the landlord claims the walkway was safe as constructed and was required to meet building/safety codes for ingress/egress at its location. Landlord’s insurance carrier denies liability, offers only $5000 to settle at mediation and then withdraws the offer after mediation.

Bowser Law takes selected jury on view of premises in yellow school bus before evidence starts to view unchanged walkway where fall occurred. View also includes previously constructed and existing walkways from the same parking lot leading to plaintiff’s workplace that incorporate railings and stairs to address grade change from parking lot to building. Lastly, the view makes obvious the experience of the landlord based on his massive, complex and diverse commercial development holdings on site. Defendant landlord admits he installed asphalt walkway to cover and replace a dirt “goat path” that was created by employees taking most direct route across landscaping from main parking lot to building but he did not consult an engineer or architect. Bowser Law calls safety/building code expert to explain to jury how dangerous walkway is as constructed, why rock salt created a hazard on steep slope.

Result

Jury returns plaintiff’s verdict of $425,000 reduced by 25% for comparative fault. Court awards statutory interest and taxation of plaintiff’s costs to defendant landlord. Net recovery exceeds $3750,000.