Elderly client leaned on a display table at a major retail store, which rolled out from under him because wheels on display table were not locked. Client suffered hip fracture, enduring surgery and extensive treatments.
Retail Store denied liability because display tables are not meant to be leaned on, therefore the table was not a dangerous or defective condition within the store.
Case settled at mediation for $50,000.
Leg and back injury, emotional distress. Massachusetts man becomes trapped in sinkhole when brick walkway collapses beneath him.
No offer to settle. Property owner denies responsibility for failure to inspect and repair property.
Jury Verdict Lowell District Court, Lowell, MA. $40,000
Client injured in fall on icy patch on side walk outside bank suffering fractured coccyx and knee injury.
Insurance company alleges icy patch was the result of natural accumulation of ice and snow and offers only nominal amount to settle personal injury claim.
Suit filed. Discovery discloses that building maintenance worker aware that icy patch existed regularly due to run off of water from roof overhang but area was not salted on day of incident because of weekend staffing. Settled prior to trial. $50,000
Knee injury following fall from horse in Massachusetts. Client injured when horse she is riding losses footing on buried tree stump and falls on her.
Negligence claim that property/horse owner liable for fall and injury as he buried stump while clearing land for development, allowed plaintiff to ride in the area and did not give warning about the buried stumps. Defense asserts immunity under “Equine” statute for sponsors of horse riding activity and claims plaintiff rode horse in restricted area without owner’s permission.
Settled at mediation one week before trial. Middlesex Superior Court, Lowell, MA. $60,000
Premises Liability: 57 year old woman trips and falls over broken wooden landscape stake jutting onto sidewalk outside of her place of employment during cigarette break. Woman suffers fractured wrist requiring corrective surgery and extensive missed time from work.
Property owner denies liability for hazardous condition created by vandals who routinely broke landscape stakes that were placed by landscaping contractor. Defense also asserts that plaintiff was injured “in the course of her employment” and recovery is barred by the Worker’s Compensation Statute. Plaintiff’s counsel establishes through discovery that property owner was aware of vandals breaking stakes and leaving them in place on or near sidewalk surfaces and only took remedial corrective measures after the injury. Injury occurred while plaintiff was on break and not in the regular course of her employment at retail store.
Premises liability suit settled prior to trial at mediation for $60,000.00
Older client suffers fractured hip requiring hospitalization and surgery after falling on wet carpeted incline outside New Jersey Hotel.
Insurance carrier for hotel denies liability or existence of any dangerous defect in walkway surface despite unusual grade change that is covered in carpet and allowed to become slick in rain.
Counsel retains safety expert to review photographs of scene and conduct scene analysis in New Jersey. Personal injury suit filed through local firm in New Jersey. Case settled week of trial. $80,000
Ruptured biceps tendon. Retail store drops 27′ T.V. on man at their courtesy counter.
No offer to settle. Store denies responsibility and blames customer for injuries.
Jury Verdict Hillsborough Superior Court, Nashua, NH. $150,000
Union painter falls on construction site when he steps on copper pipe left on floor and covered with sawdust. Torn meniscus of left knee and total tear of right knee MCL/ACL. Medical bills exceed $83,000. Lost wage claim includes total permanent disability from occupation as painter.
Insurance company for general contractor responsible for job site safety denies liability, questions the plaintiff’s credibility and challenges the extent and nature of his injuries. Pre-trial offer of $300,000 reduced to $250,000 at trial. Plaintiff owes $220,000 to Worker’s Compensation Insurance Carrier.
Jury verdict following eight (8) day personal injury trial before the Suffolk Superior Court in Boston, MA. Verdict of $775,000. Pre-trial interest and comparative fault offset results in total judgment against responsible general contractor for $828,000.
