At an arbitration hearing, Attorney Marsha Alban successfully received an award of $245,000 for her client, a mail carrier. The postal worker had cut across the lawn of one property and was intending to deliver the mail to the abutting premises when she fell over two wooden “railroad” ties that lay on top of each other.
Not only did the arbitrator find negligence against the landowner, he found no comparative negligence on the postal worker. This was an unusual and an impressive finding. Insurers usually expect that the plaintiff will be found partially at fault for a fall down accident and they negotiate accordingly.
The plaintiff had a cervical fusion with a bone graft followed by physical therapy.
The arbitration decision was made by a retired Massachusetts Appeals Court Judge who also served on the Superior Court.