Fall Caused by Protruding Deck Nail; $390,000.00
NATURE OF CASE:
Premises liability; Negligent deck repairs.
INJURIES ALLEGED:
Herniated disc.
NAME OF CASE:
Withheld.
AMOUNT OF AWARD / SETTLEMENT:
$390,000, including $300,000 in up-front cash, plus a lien waiver and lump sum worker's compensation settlement valued at $90,000.00.
ATTORNEYS FOR PLAINTIFFS:
Eric J. Parker, Susan M. Bourque PARKER|SCHEER, Boston, Massachusetts
CASE SUMMARY:
On May 27, 1998 the plaintiff was caused to fall while descending a stairway on a recently repaired wooden staircase located on premises controlled by the defendant. The cause of the fall was a protruding nail that had been driven upward during the repair efforts earlier in the day. The protruding nail, which was estimated at approximately ? inch above the surface of the deck, was observed by several of the plaintiff's co-workers, shortly after the fall had occurred. During discovery, plaintiff's counsel determined that the defendant had failed to obtain the building permits prior to performing the subject repairs. In addition, a deposition of the city building inspector disclosed that the stairway, as repaired, was deficient in several respects, including the absence of a right side, descending handrail.
As a direct result of her fall, the plaintiff suffered a herniated disc, requiring her to undergo a leminectomy.
The case presented a number of premises liability issues, most significant of which were notice and causation with respect to the role of the missing handrail. Following a failed effort at mediation, the plaintiff served a 93A letter of demand upon the defendant, citing the statutory violation of the building code as a basis for the claim. Shortly thereafter, the defendant agreed to resume mediation whereupon the case was settled.
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Eric J. Parker is a co-founder of Parker Scheer LLP and serves as the firm's Managing Partner. With over 23 years of experience in complex personal injury trials, Mr. Parker represents adults and children injured or killed as a result of negligence.