Facts
A 63-year-old pediatrician was invited to his friend’s home in Wakefield, New Hampshire. The homeowner had designed and constructed a dock and walkway that led from the waterfront to his house. The right side of the walkway angled sharply uphill, while the left side led to a drop-off into the water.
As the plaintiff doctor stepped onto the walkway, he severely fractured his right ankle, allegedly due to the steep angle of the slope. He underwent an open reduction internal fixation with hardware to repair the comminuted fracture.
Issues
The plaintiff hurt himself on a walkway that was in a “natural” condition near a lake. Liability at trial would have been very difficult to prove. Mazow | McCullough, PC retained an expert who opined that the walkway was constructed in violation of the state building code.
Resolution
The plaintiff agreed to attend mediation to try and resolve this case before trial. The injury sustained by the plaintiff was severe and led to issues with arthritis. The case settled for $185,000.
