Reported in the Lawyers Weekly
While attending a party, the plaintiff fell on an icy portion of the property which resulted in a left ankle injury. The property in which the plaintiff fell was a condominium complex. Along with her husband and other guests, the plaintiff was on hand to listen to a local band. Food and beer were served throughout the evening.
The plaintiff stated that after consuming only one beer, she left the inside of the building due to fighting among other guests. At this time she claimed that she was searching for her husband about 10 feet outside of the entrance. This is when she slipped on ice.
The defendants in this case contested that they were not liable. They claimed that the ice build up was natural, and that the plaintiff was responsible for the fall.
As a result of the fall, the plaintiff suffered a fracture of the left ankle that was treated with surgery. After the initial procedure, two more surgeries were necessary in order to remove the hardware that was placed during the first one. When everything was said and done, the doctor caring for the plaintiff contended that she was suffering from a 20 percent impairment.
Both parties agreed to mediation. This was led by Judge Paul Garrity who moved the case in the right direction, which eventually led to a settlement. Due to the extremely difficult liability issues in this case, it was difficult to get the insurance company to money. In general, falls from natural ice are not compensable under MA state law.
This case shows that even though the plaintiff must show a significant burden in a claim resulting in a fall on ice, that it is more than possible to be successful in the end.
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