Author: mike

The Injury

Torn skin and lacerations to both hands, partial constriction injury to fourth and fifth fingers of left had, impact injury to left tibial tuberosity

The Challenge

Client falls on paved walkway outside of her place of employment. Slip and fall caused by an accumulation of varied size rock salt granules on walkway causing loss of traction. Client undergoes various treatments to include steroid injections and physical therapy, but she does not miss any time from work. Worker’s Compensation insurance pays approximately $13,000 on $17,000 in related medical bills . Commercial Insurance general liability carrier denies claim. Suit filed. At mediation the same carrier offers only $5,000 to settle, but then formally withdraws that offer following medication and before trial.

The Result

Bowser law selects jury in Hillsborough County (NH) Superior Court. Evidence establishes paved walkway was installed by commercial landlord to cover dirt path worn into landscape over many years from employees taking most direct route to entrance. Landlord did not consult any engineers or architects before installing “paved to grade” walkway. Bowser Law’s engineer/architect expert witness opines the walkway was dangerously steep as constructed and especially hazardous when sprinkled with rock salt that undermined traction. This was not a snow and ice case, but rather a defective construction design case. Bowser Law insists on and obtains an in person view of unchanged walkway by selected jury prior to start of trial. Other existing nearby walkways from the same parking area utilized steps and handrails to address change in grade across landscaped area in front of building. Jury verdict of $425,000 on damages with 25% offset for comparative fault. Pre-trial interest award of $46,000 and taxation of costs of $20,000 ordered by Court following verdict.