Personal Injury Trial Report - Premises Liability

NATURE OF CASE:

Premises liability; Trip and fall on unnatural accumulation of ice.

INJURIES ALLEGED:

Fractured hip.

NAME OF CASE:

Withheld.

AMOUNT OF SETTLEMENT

$100,000.000

ATTORNEYS FOR PLAINTIFFS:

Eric J. Parker, PARKER|SCHEER, Boston, Massachusetts

ATTORNEY FOR DEFENDANTS:

Withheld.

OTHER USEFUL INFORMATION:

The plaintiff, a 75 year-old woman, suffered a broken hip after tripping-over an unnatural accumulation of ice located in the parking lot of commercial shopping mall.

The plaintiff was prepared to offer evidence at trial that on December 15, 1995, the plaintiff visited a Natick shopping center to purchase sewing materials. As a result of a recent snowstorm, the parking area had been freshly plowed. After parking her car in a marked parking space, the plaintiff exited her vehicle and walked to the mall's entrance to transact her business. After exiting the mall, the plaintiff walked directly to her car, which was parked beside a large, round, cement base of a tall, overhead lighting fixture. As the plaintiff approached her vehicle, she was caused to trip over a frozen ridge of ice that had been formed by the snowplow. The plaintiff alleged that the property manager and/or the plowing company were negligent in failing to manually remove the accumulation of ice, formed by the plow as it tangentially contacted the rounded cement base.

The plaintiff further posited that the frozen ridge that caused her fall was an unnatural accumulation that would not have existed had it not been for the negligence of the defendants.  

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