Personal Injury Trial Report - Premises Liability

NATURE OF CASE:

Painter suffers nerve injury to arm following fall at customer’s home.

INJURIES ALLEGED:

Left ulnar wrist laceration, with multiple flexor tendon, ulnar nerve and ulnar artery transections.

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$325,000.00.

ATTORNEYS FOR PLAINTIFFS:

Robert D. Stewart and Debora A. Concepcion, PARKER | SCHEER LLP, Boston

ATTORNEY FOR DEFENDANTS:

Withheld.

OTHER USEFUL INFORMATION:

The plaintiff, a 36 year-old male, was hired to paint the exterior of a home, along with the trim and reinstall the storm windows at a residence in Newton, Massachusetts. As the plaintiff was carrying one of the windows across the property, his foot came into contact with a raised section of a flagstone walk leading to the exterior stairway, causing him to fall forward. As he fell, his left arm struck the edge of the window pane, severely lacerating his wrist. The plaintiff required two major surgical procedures and was ultimately diagnosed with complete ulnar nerve paralysis in the distal forearm and hand.

While the injury to the plaintiff’s left arm was permanent and not disputed by the defendants’ insurer, the defendants’ insurer did deny any dangerous or defective condition existed on the property. Specifically, the defendants’ insurer denied that the flagstone walkway was dangerous or defective. Plaintiff’s counsel was able to successfully demonstrate to the defendant’s insurance carrier that highly uneven condition of the flagstone walkway was, in fact, both defective and dangerous, and would likely be regarded as such by a jury at trial.

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