Morrison Mahoney Partner Phil Hirshberg and Associate Kaylie Daniels recently obtained a defense verdict following a five-day jury trial in Norfolk Superior Court.
The case involved a slip and fall on alleged icy conditions in a parking area of an apartment complex located in Quincy, MA. Phil and Kaylie represented all defendants, namely the property owner, the property manager, and the snow removal company. Plaintiff claimed that the defendants were negligent in their maintenance of the property and treatment of the parking lot.
The plaintiff claimed that the fall caused her to suffer a fractured humerus and a full thickness rotator cuff tear, which resulted in the need for her to have rotator cuff surgery. Plaintiff claimed that the surgery was unsuccessful, and that as a result of her injuries and failed surgery she was permanently disabled and would be in chronic pain for the rest of her life.
The defendants argued that they had acted reasonably in maintaining and treating the premises and were able to document the multiple treatments to the parking area prior to the fall. The defendants argued that the fall was instead the result of the plaintiff’s failure to pay attention to her surroundings, given expected winter conditions. The defendants were also able to point to evidence that plaintiff’s activities were inconsistent with her claim of disability. After an extended period of deliberations, the jury found no negligence as to all defendants.
