Partner Doug Price and Associate Scott Gilmond recently obtained a favorable verdict after a three-day jury trial in Plymouth Superior Court concerning a slip and fall against a franchise of a large restaurant chain.
Plaintiff claimed substantial injury to his dominant right hand as a result of the fall. Doug and Scott employed an orthopedic surgeon specializing in hand surgery who testified that plaintiff had multiple prior ailments, including carpal tunnel, which were not aggravated due to the subject accident. As to liability, Doug and Scott utilized video of the subject fall combined with his testimony to impeach the plaintiff as to how the accident occurred and whether it could have been avoided.
The jury awarded only a portion of plaintiff’s claimed medical expenses, and then found plaintiff 50% comparatively negligent, resulting in a very small verdict, well below the last offer and demand in the case.
