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Firm Helped by New Law in $295,000 Recovery for Snow and Ice Injury

The July 2010 decision of the Supreme Judicial Court in Papadopoulos v. Target Corporation 457 Mass. 368 was used by Robert Feinberg in obtaining a $295,000.00 settlement at a mediation in January of 2011. Two years prior, the 45 year old plaintiff had walked over hard-packed ice in going to his car which was parked in the back of his apartment building. Significantly, this was his third time walking over that ice, an argument the defense used in asserting comparative negligence against the plaintiff. However, the defendant’s contentions were overcome by evidence that their property manager and his assistant had not been present to sand, salt, or treat the ice on the morning of the accident. The weather records showed that precipitation had stopped approximately eleven hours before the plaintiff fell, affording an ample opportunity for the defendant to have treated the ice. Thus the defendant violated its duty of reasonable care, a duty only recently applied to snow and ice cases and which replaces the former Massachusetts distinction between an unnatural and natural accumulation of snow or ice.

The plaintiff sustained a significant head injury but was back to work full time two months after the accident. His treatment concluded one and a half years after the accident.

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    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

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    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

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    Jason Lebovitz

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    I suffered injuries and total loss if my car last year in a head on collision. Colleen Santora took my case and fought well on my behalf. She thoroughly answered all my questions and concerns, always responding in a quick and timely manner. She helpe...

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    Jessica Matt

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    Choosing Feinberg & Alban was probably one of the best decisions I ever took. Robert Feinberg and Perry Feinberg are amazing in their professionalism as well as in compassion. Perry was the lead attorney for me. He was always responsive to any questi...

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    Raja Bhattacharyya

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    I would like to express my gratitude to Feinberg & Alban PC. They are great people and professionals. If you need an attorney these are your guys. Thank you so much! Tatiana

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    Tatiana Andreeva

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