Sean McDonough & Jill McGrath Obtain Defense Verdict at Waltham District Court

Morrison Mahoney Partner Sean McDonough and Associate Jill McGrath obtained a defense verdict for one of the world’s largest retail corporations at a jury trial at the Waltham District Court.  The plaintiff alleged that she suffered torn ankle tendons and permanent back and radicular pain as a result of a slip and fall on a rolled curb designed and used by our retail client.  The plaintiff alleged that the curb was slippery, not appropriate for a retail setting and that it was a ramp and in violation of the building code. The rolled curb design at issue has been used nationwide by our client since 2004.  Our client argued, with supporting expert testimony, that the rolled curb design does not violate the building code and is appropriate for a retail setting where shopping carts and strollers regularly used by guests can traverse the rolled curb with ease, a benefit not available with a traditional curb.  The jury returned a defense verdict for our client in short order.