Morrison Mahoney partners Doug Price and Amanda Prosek recently obtained a defense verdict in a case alleging negligence resulting in personal injury, following a four-day jury trial in Massachusetts Superior Court. 

In the case, the plaintiff alleged that she struck her shin against a wooden pallet display at our client’s supermarket while reaching for an item. The plaintiff’s attorney argued that the display was dangerous, and that the supermarket had placed profits over customer safety when setting up that type of display. 

At trial, during the cross-examination of the plaintiff, there was substantial impeachment, with the plaintiff admitting finally that she was not sure what she had come in contact with. 

In addition, the damages presented by the plaintiff were complex and significant: she contended that the impact in the store had caused a large hematoma that eventually became necrotic, requiring extensive debridement and skin grafting during two surgeries and multiple hospital stays. Photographs taken of the plaintiff’s shin soon after the incident showed a large hematoma, and subsequent photographs showed a progression of the hematoma that were very graphic. However, there was evidence in the plaintiff’s medical records that she had previously had multiple skin issues that were similar, and our team was  able to impeach her with her prior testimony denying any prior issues. In addition, Morrison Mahoney’s  dermatology expert countered the plaintiff’s medical expert testimony. Our firm’s expert also explained to the jury the progression of a bruise, and how the bruising in the photographs taken at the store could not possibly have appeared so soon after the incident in question.

After deliberating for several hours, the jury found that our supermarket client was not negligent.