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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

    This attorney office is highly efficient, amazing, and professional. They made me feel very comfortable and was invested in my interest. Communication through my whole experience was always professional and prompt. I highly recommend them to anyone w...

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    Babydoll Babydoll

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    5.0/5.0

    I was in a car accident recently, and was lost in the process of what to do post my injuries. I contacted Feinberg & Alban, where I was introduced to Colleen Santora, who was the best resource I could have ever imagined. Colleen was knowledgable, emp...

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    OT Tips & Tricks for Kids

  • google
    5.0/5.0

    I got in touch with Colleen Santora of Feinberg & Alban PC, after I fell in the parking lot of a hotel in Boston , in 2018. The hotel was just dragging and at the end of a year plus, offered me $5 thousand as full and final settlement. On getting i...

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    Olayinka Adebajo

  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

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    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

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    Beantownie 617

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