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– Premises Liability – Slip and fall – Hazardous premises – Failure to remove ice and snow – Plaintiff alleged she slipped and fell as a result of ice and snow on driveway of premises – Comminuted and impacted fracture of right distal radius.

Bristol County, MA

In this fall down action, the plaintiff alleged that the defendant homeowners were negligent in failing to properly maintain their driveway and keep it free from ice and snow. As a result of the defendant’s negligence, the plaintiff slipped and fell; fracturing her wrist and injuring her back and neck. The defendants denied any wrongdoing, and maintained that the plaintiff failed to exercise due care.

The 62-year-old female plaintiff, a social worker, was on the defendant’s property on the date of the incident. As the plaintiff was walking on the defendants’ driveway, she slipped and fell as a result of ice that had accumulated on the driveway. As a result of the fall, the plaintiff was diagnosed with a comminuted and impacted fracture of the right distal radius. The fracture required percutaneous pinning. The plaintiff was ultimately diagnosed with damage to her right radial sensory nerve, cervical and lumbar strains, a neck contusion, and a right shoulder injury. The plaintiff brought suit against the defendant homeowners alleging negligence in failing to keep the driveway clear of ice, and in failing to properly maintain the premises in a safe condition. The plaintiff’s spouse brought a claim for loss of consortium.

The defendants denied the allegations of negligence, and maintained that there was no opportunity to treat the ice on the driveway prior to the time of the plaintiff’s fall, and that she failed to exercise due care while walking. The defendants also disputed the nature and extent of the injuries and damages alleged by the plaintiff.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendants, on both the plaintiff’s claim and the spouse’s claim. No damages were awarded.

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