Plaintiff claimed to have fallen as a result of snow and ice on the sidewalk owned by Eamon Merrigan’s clients. As a result of her fall, the right-handed Plaintiff fractured her right shoulder requiring surgical repair with hardware placement. Her surgeon and her pain management specialist testified on her behalf. The 30-year-old Plaintiff was never able to return to work, and issued a high-six-figure settlement demand.
On behalf of his client, Mr. Merrigan offered evidence of a very large snowfall that ended less than 24 hours prior to Plaintiff’s fall. He also presented the testimony of several witnesses to confirm that his clients’ sidewalk was snow blown, shoveled, scraped and treated between the end of the storm and Plaintiff’s fall. In closing, Mr. Merrigan argued that his clients acted reasonably, and that mere existence of some residual slippery conditions on their sidewalk did not constitute negligence. After approximately four hours of deliberation, the jury returned a verdict in favor of Mr. Merrigan’s clients.