Trimalleolar ankle fracture from snow tubing

$375,000

A nurse in pediatric oncology broke her lower leg at the ankle joint when she followed directions at the bottom of the snow tubing slope and put down the heels of her boots to slow down and stop. Unfortunately, one heel got stuck in the rubber mats placed at the base, resulting in a pain fracture known as a trimalleolar fracture. This required surgery, pins, plates, screws, time out of work and extensive physical therapy. Wearing high heels was out of the question even after she returned to work and completed her regimen of PT. Her treating orthopedic surgeon at the request of Attorney Goodman, wrote a narrative report detailing the injury, causal relationship and mechanics of the injury, the surgery, permanent surgical scarring and permanent loss of function and whole person permanency based on AMA tables. The insurance carrier denied liability and rigorous prosecution was mounted on the claim by Attorney Goodman on behalf of his client and her husband for loss of consortium. After all discovery was completed and the case was ready for trial, the parties agreed to submit to non-binding mediation before the prestigious JAMS organization with a retired U.S. Federal District Court judge in New York City on a hot July day. The defense tested out a summary judgment motion at the session, arguing that the waiver of liability on the ticket the plaintiff had purchased relieved the insurer of any responsibility. Attorney Goodman was ready with an extensive memorandum of law citing Massachusetts precedent that held such a waiver was not a contract since the print was small, not read by many people and not signed by the party against whom it was supposed to be held. The judge agreed and suggested that the insurance carrier get serious about settling and put a significant sum of money on the table to start negotiations. By the end of the day, the case was settled much to the satisfaction of the injured nurse and her husband.