Elderly New York Man Settles Lawsuit with Convenience Store Involving Snow and Ice Injuries for $200,000.

The Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of specialized personal injury attorneys with decades of experience and an unsurpassed record of achieving terrific results for our clients.  For more than 25 years, our snow and ice accident injury attorneys have worked to ensure that our Massachusetts clients receive just financial compensation.  If you or your loved one have suffered injuries caused by someone’s failure to remove snow or ice, there is no time to waste.  Please call our lawyers, 24/7, at 617-787-3700, or email us at info@gilhoylaw.com to discuss your potential claim in a free and confidential consultation. 

A single snowflake falls listlessly to the hard-packed earth, the frontrunner in a race that will eventually become a tide of white surf.  For a moment, the air is still.  People crane their necks towards a gray sky, knowing full well what Mother Nature has in store.  This moment is peaceful, but it is also ominous.  Dried leaves will no longer fill the streets.  Instead, salt and sand will take their place.  The start of winter is a quiet transition, but one that brings with it a sense of annual foreboding.  Most New Englanders have lived here long enough to know how to endure the long, harsh winters.  While snow and ice can create picturesque landscapes and wintry playgrounds, it can also create hazardous conditions for driving and walking.  When proper precautions and safety measures are bypassed, the results can be disastrous.

In January of 2011, 78-year-old James Duboise was walking down Vanderbilt Avenue in Staten Island, New York.  As he came to the intersection at Richmond Road, he was passing by the Grab-N-Go Mini Mart convenience store.  At that moment, Mr. Duboise slipped and fell on a patch of ice next to a large mound of snow.  As a result of his fall outside the store, Mr. Duboise severely fractured his hip and required surgery.  Being an elderly man, his recovery was long and drawn out.  It was nearly a year before he was healthy enough to seek out a personal injury attorney to help him file a lawsuit against the owner of the Grab-N-Go convenience store.

According to the allegations in Mr. Duboise’s lawsuit, the convenience store owner failed to properly remove the snow and ice that had accumulated from a previous storm.  Although the defendant claimed that the storm had ended only a short time before Mr. Duboise’s fall, the plaintiff was able to call an expert witness who testified to the contrary.  In court, the weather expert testified that the ice developed from precipitation that had stopped twelve hours before Mr. Duboise slipped and fell.

Under city law, sidewalks must be cleared of snow and ice within four hours after the snow has stopped falling, or by 11:00 a.m. if the snow ended after 9:00 p.m. the previous evening.

In anticipation of the possibility of a judgment for Mr. Duboise, the convenience store settled the case for $200,000 to cover medical expenses and pain and suffering.

If you or your loved one have fallen on a snowy or icy sidewalk, please contact our Boston, MA snow and ice accident lawyers today.  Though the effects of traumatic events such as these may always be keenly felt, we will work strenuously for you to help you.  Please call 617-787-3700 or email us at info@gilhoylaw.com for your free and confidential consultation.  Your needs are our top priority!

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