Plaintiff claimed to have been walking on a brick walkway on the property of Mr. Merrigan’s clients on her way to visit a friend living in the Defendants’ apartment building when she fell due to uneven bricks. The Plaintiff fractured her left ankle requiring surgical repair with hardware placement, as well as subsequent surgery to remove portions of the hardware. A surgeon testified on Plaintiff’s behalf and opined that she would likely require an ankle replacement in the future. The 31-year-old Plaintiff did not work in the six years following her injury, and remained out of work at the time of trial.
On behalf of his client, Eamon Merrigan argued that the friend Plaintiff claimed she was on her way to visit was not actually a tenant of his clients, and that the Plaintiff could not have accessed the interior of the building from the walkway she allegedly fell on. As such, Mr. Merrigan further argued that Plaintiff was a trespasser, and that his clients owed her no duty. After approximately 35 minutes of deliberation, the jury returned a verdict in favor of Mr. Merrigan’s clients with a finding of no negligence.