Firm persuades jury to reject personal injury negligence claim

BOSTON (March 6, 2013) – The firm recently persuaded a Massachusetts Superior Court jury to reject the personal injury claim of a woman who allegedly slipped at a Boston grocery store.

The Suffolk County jury deliberated for six hours following a five-day trial before finding that the firm’s client, a janitorial management company hired by the supermarket, was not negligent.

The woman alleged that she slipped on a pickle near a salad bar in the supermarket in July 2008, which caused her to suffer ongoing pain in her lower back, hip, thigh and hamstring.

The janitorial management company had subcontracted the day-to-day cleaning services to a different company, and was not responsible for supervising the daily performance of the subcontractor. The firm’s client also had not received any complaints about the work done by the subcontractor at the grocery story.

The firm’s client contended at trial that it had no notice of the pickle on the floor, did not cause it to be there, and otherwise was not responsible for removing it. If a pickle was on the floor, it would not have been the subcontractor’s job to clean it up unless requested to do so by the grocery story.

The jury ultimately determined that while the grocery store was partially at fault, the plaintiff primarily caused her injuries, which, under Massachusetts law, precluded any recovery for her damages.

About Barton Gilman

Barton Gilman s one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm five consecutive years as one of Rhode Island’s Best Places to Work (2008–2012).