Jury Verdict – Pearson v. Foster, et al

On July 27, 2018, Elise R. Marshall obtained a Defendant’s verdict in favor of her client. Plaintiff brought a negligence action against the Defendant, a commercial property owner, in the Barnstable Superior Court. The litigation involved Plaintiff’s claim that in October of 2013, while working for Domino’s Pizza, he slipped and fell while ascending an exterior staircase due to the presence of various dangerous and defective conditions. Plaintiff sought recovery for medical treatment, lost wages, emotional distress, and pain and suffering including a permanent 13.5cm facial scar left from a laceration requiring 19 staples from Plaintiff’s forehead to chin. The laceration occurred when Plaintiff struck his face on a six (6) foot metal soda rack that partially obstructed the exterior doorway. The Defense argued Mr. Foster was not liable to Plaintiff because the portion of the building where Plaintiff fell, was subject to a commercial lease agreement with Plaintiff’s employer. Defendant also denied the existence of any dangerous and/or defective condition(s) on the property. The case was tried from July 23, 2018 to July 25, 2018 before the Honorable Mark. C. Gildea and a jury. Pearson v. Foster, et al, 1672 CV 00468.