Personal Injury Trial Report – Slip and Fall

Workers’ Compensation

NATURE OF CASE:

Workers’ Compensation Third Party Action

INJURIES ALLEGED:

Fractured heel

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$ 360,000.00

ATTORNEYS FOR EMPLOYEE:

Joseph M. Burke, PARKER | SCHEER, Boston, Massachusetts

ATTORNEY FOR INSURER:

Withheld.

OTHER USEFUL INFORMATION:

On June 29, 1999, the Plaintiff, a beer truck driver, slipped and fell on a slippery incline leading to a beer cooler in Fenway Park. He injured his right ankle and heel as well as lacerating his elbow. Initially, he lost no work. His elbow became infected and he was forced to stopped work for a few weeks.

He continued to work until February 2000, when he injured his knee in a second accident. While receiving workers’ compensation for that injury, his heel became worse. After surgery for his knee injury, he actively pursued care for his heel injury, including surgery.

Suit was commenced against Aramark, the concessionaire at Fenway, and John Harrington in his capacity as the Trustee of the Trust which owned Fenway Park. The case was tried for 6 days in the Suffolk Superior Court. A Jury returned a verdict of $ 568,683.00 which was reduced considerably by the Plaintiff’s comparative negligence. The case was settled for $360,000.00 while post-judgment motions were pending.

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