In this case a home health aide slipped and fell on an icy walkway while going to a patient’s home in Reading, Massachusetts. Our client was injured in the fall and we settled her third-party negligence slip and fall case for $132,500.00.
How This Client Was Injured
In the evening hours on a cold day in February, our client was on the job working as a home health aide. She went to her assigned patient’s home in Reading, MA. This patient lived in a condominium complex that had the residential units set back from the parking lot. There were concrete walkways leading to the separate units. On this cold February day, our client was walking to her patient’s home and slipped and fell on ice that had been left untreated on the walkway.
The fall caused our client to suffer a comminuted fracture of the distal right radius (or her right forearm bone). She required open reduction internal fixation to repair the fractured right forearm with a metal plate and screws. As a result of the injury and surgery, she was out of work for over six months.
The Workers’ Compensation Claim and Third-Party Negligence Case
Because this client was injured while she was in the course of her employment, she received workers’ compensation benefits to cover her missed time at work and medical bills. She also had a third-party negligence claim against the condominium association and the snow removal company they used to remove and treat the snow and ice on that property.
How Mahaney & Pappas Helped This Client
Originally, this client hired a large personal injury firm in Boston, MA. That firm had the case for over a year and a half before this client came to see us. She explained how she was frustrated with that other firm because they would not return her calls or update her on the case and never explained anything to her. In fact, the insurance companies for the condominium association and snow removal company denied liability claiming they were not at fault or responsible for the injuries.
We took over the case and immediately went to work. First, our office conducted a thorough investigation into the fall. This included speaking with witnesses, examining the property and conducting a weather history examination. We then aggressively pursued the claim for personal injuries against both the condominium association and snow removal company on that basis that they were responsible to remove and/or treat snow and ice on the property, including the walkways.
The weather history investigation revealed that the mean temperature on the day of our client’s fall was reported as 23o F with the low temperature to have been 6o F. It had snowed heavily the day before the accident and, although weather history investigation indicated zero precipitation that day, melted snow and ice was reported during the day. It was argued that the high temperature of 38o F that day caused the snow and ice from the day before to melt, as the weather reports indicated, and run onto the walkways. The low temperature in the evening hours when our client fell was reported as 6o F caused the melting snow and ice to freeze on the walkways and create the dangerous condition that caused our client to slip and fall.
Despite these facts, the condominium association and snow removal company took no reasonable actions to address the obvious and foreseeable icy and dangerous conditions.
Following thorough and lengthy negotiations with both insurance companies, Attorney Pappas was able to settle the case within one year of being hired. Also, because this client was injured while in the course of her employment and collected workers’ compensation benefits, the workers’ compensation insurer had an automatic lien on the third party negligence claims. Attorney Pappas was also able to successfully negotiate a reduction of the workers’ compensation lien by approximately $20,000, which increased the amount of money our client received.
Here's How You Can Get Legal Help Today
If you have been injured in an accident and have questions about what your rights are or what should be done, feel free to call us at (508) 879-3500 or contact us online. We offer complimentary case evaluations and are more than happy to answer your questions and explain how we may be able to help you.