The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of highly experienced Boston personal injury lawyer experts. If you suffered injuries as the result of a slip and fall caused by snow and ice, our dedicated Massachusetts snow and ice accident attorney specialists will work diligently and tirelessly to help you recover the maximum money damages for your injuries. Please contact our expert Boston law office at 617-787-3700 or email info@gilhoylaw.com.
Gary Palazzo slipped and fell on ice outside a home on the 1100 block of Targee Street in Staten Island, New York, back on December 16, 2005. The fall fractured his right ankle and forced the 66-year-old corrections officer into an early retirement. He filed a personal injury lawsuit against the homeowners, under the theory that they had a legal obligation to clear their sidewalk of ice and snow. A New York judge threw out his lawsuit, finding he failed to prove he had in fact fallen on ice.
On appeal, Palazzo and his attorney gathered even more information to prove his claim. Most importantly, they ordered a certified copy of the monthly weather report from the National Climatic Data Center in Newark, New Jersey. The report showed a six-inch snowfall just a week before the slip and fall. In addition, there had been an additional one-tenth of an inch snowfall on the morning of the accident. Under New York law, homeowners have four hours after the last of the snowfall to remove snow from their sidewalks. Based on the reported weather conditions, Palazzo was able to show that the homeowners failed to remove snow from the storm a week before, making removal well beyond the 4-hour allowance.
The case was sent back to the trial court to have damages determined, however, the parties decided to settle the case before going to trial. They settled the claim for $235,000.
