Governo Law Firm Attorney Mark Hoover Obtains Defense Verdict in Premises Liability Claim

7/24/2015

Recently Mark Hoover and Nicholas Blei obtained a defense verdict for a premises client following a jury trial in Worcester Superior Court (MA). The plaintiff, an experienced truck driver, claimed to have slipped and fallen on ice while making a delivery at the client's Webster, Massachusetts facility in January 2012. The plaintiff sustained a documented right shoulder rotator cuff injury that required surgery and was out of work as a driver for approximately one year. The plaintiff alleged that the client had failed to properly and adequately maintain its premises by allowing ice to accumulate, resulting in his fall. The plaintiff further alleged that the client failed to provide adequate lighting in the area of the fall. Our office defended these claims, asserting that the client had in fact employed reasonable and safe measures in the maintenance and upkeep of its premises and that in fact the area contained numerous lighting fixtures that were in working order at the time of the injury. We argued that the plaintiff was aware of the winter conditions at the facility and nonetheless failed to keep proper lookout for his own well-being and safety and that it was his contributory negligence that was the cause of his fall and resulting injuries. We also discovered the plaintiff sustained several post-accident injuries to his right shoulder resulting in further medical treatment and lost time from work, thereby potentially limiting his damages related to the fall on the client's property. The jury returned a defense verdict in less than two hours.

For more information regarding this case or Governo Law Firm's premises liability practice, please contact David Governo at 617.737.9047 (dgoverno@governo.com) or Mark Hoover at 617.532.9217(mhoover@governo.com).

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