Defense Verdict / Fall with Hand Fracture and Post-Concussive Syndrome Alleged

Attorney Paul Rainville successfully obtained a defense verdict in a jury trial in Worcester Superior Court in a case arising from a trip and fall at a rental property. The plaintiff alleged she was entering the property to visit a tenant when her foot caught the edge of an uneven exterior concrete step and she fell onto her outstretched hand and face.

The plaintiff claimed that she sustained serious injuries as a result of her fall including a fracture to her 5th metacarpal requiring surgical repair, facial lacerations, neck pain, chipped teeth, bilateral knee pain, post-concussive syndrome, memory and speech problems.

Through discovery, Attorney Rainville learned of the plaintiff’s lengthy drug and alcohol treatment history and history of prior and subsequent falls and injuries. However, plaintiff counsel’s Motion in Limine regarding plaintiff’s history was allowed, in part, and Attorney Rainville was limited as to what evidence he could introduce at trial. Attorney Rainville submitted medical records indicating that the plaintiff likely used crack cocaine on the date of the accident and that her fall occurred while she was under the influence and evidence of plaintiff’s prior and subsequent accidents and injuries.

Attorney Rainville further argued that the defendant landlord had reasonably maintained the property and had no prior complaints of any issues with the subject steps.

After approximately one hour, the jury returned with a verdict in favor of the defendant landlord finding he was not negligent.