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Boston Lawyer Wins Big Settlement in Slip & Fall Case

Boston Lawyer Wins Big Settlement in Slip & Fall Case

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Supermarket cases are seldom known to result in big recoveries. Marsha Alban defied those odds by settling a serious leg fracture for $1,750,000. The case was extensively “worked up”, both as to facts of the accident and to the complicated nature of the injuries which were sustained. The plaintiff, a wonderful woman in her 50’s, was shopping and had just turned a corner when she approached the heavily trafficked front aisle. Ahead of her on her right, she observed a spill and a single cone. As a result, she moved to the left but unfortunately fell onto her knee. She discovered that she had fallen on a red liquid substance about five feet away from where the original spill was located. In several depositions, it was established that the spill came from a 64-ounce bottle. The defendant conceded that the liquid, which caused the plaintiff to fall, came from the original spill several feet away – something, which may seem obvious, but can be a hurdle in cases such as these. The term “splatter” had been used in the store’s accident report, which helped to link the liquid on which the plaintiff fell to the original spill. Finally, Feinberg & Alban PC argued that the placement of the single cone rather than cordoning off an area was insufficient to protect store patrons. In the course of the defendant’s store manager’s two-part deposition, he admitted that “we could have done better, absolutely.”

The plaintiff suffered a severe fractured patella and underwent numerous surgeries. Unfortunately, she developed an infection, which was very painful and required yet another surgery, an irrigation and debridement. However, she has been able to continue working, although the medical experts retained by Feinberg & Alban PC have determined that she will have to retire at age 60, not 65, because of her injuries. Seven medical illustrations were prepared to give meaning to the plaintiff’s ordeal and would have been shown to a jury if a trial were necessitated. It was not, however, and a very favorable conclusion was reached in what is usually thought of as a very difficult case. This case will be featured in the Massachusetts Lawyers Weekly Verdicts & Settlements in a Fall 2012 issue.

“No one protects your rights more fervently”

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

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    Betsy Rose

  • google
    5.0/5.0

    This firm is great! They negotiated a settlement for us after another firm told us we had no case. The whole process was quick and easy. Colleen was so easy to work with and very responsive.

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    Ellen Carita

  • google
    5.0/5.0

    Highly recommend this firm! Colleen Santora was my sister's attorney for her motor vehicle accident. Colleen was always responsive and answered all our questions. She was transparent and put 100 effort in the case. She very knowledgeable. I would re...

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    Warda Khurram

  • google
    5.0/5.0

    My wife with our dog crossed the street when was hit by a car. Our attorney Alexis Cahill was professional, knowledgeable and reliable. We had good communications with her all the time while my wife recovered from her injuries. We are completely sati...

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    michaelvideohere

  • google
    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora) ...

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    Anatoly Gorbatchev

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