Boston Partner Mark Segalini recently received a defense finding in a binding arbitration. The plaintiff alleges the insured was negligent in the operation of his boat as it was docking, causing the plaintiff to fall as he was stepping out of the boat onto the dock and land awkwardly on his left shoulder and side. As a result of the fall, the plaintiff underwent surgery to repair fractures in the toes of his left foot and two shoulder surgeries, the last being a shoulder replacement. Medical expenses were in excess of $150,000. There was evidence that the plaintiff mis-stepped due to wearing bifocal sunglasses as he exited the boat and any movement of the boat was not considered to rise to the level of negligent operation but was determined to be typical boat movement while docking  under calm conditions. 

Published On: October 8, 2015Categories: Mark R. Segalini