Workers’ Compensation – Third Party Action, Fractured Ankle


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 stop work for a few weeks.

He continued to work until a few months later, 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 six days in the Suffolk Superior Court. A jury returned a verdict of $ 568,683 which was reduced considerably by the Plaintiff’s comparative negligence. The case was settled for $360,000 while post-judgment motions were pending.

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