Premises Liability
A Boston Police officer on detail was patrolling a downtown parking garage on foot. He walked over wooden boards which covered a trench when the boards gave way. The officer immediately put his arms out to grab the edges of the trench to prevent his falling into the trench which was on the 8th floor of the garage. He suffered a torn rotator cuff as well as a scrape to his leg which subsequently became badly infected and required hospitalization.
The insurer for the parking lot aggressively defended the action and even alleged that the officer was never on the premises on the day in question. There was no offer until just before trial, and the offer was negligible. After a five day trial, the Suffolk County jury awarded the officer, with interest, approximately $225,000 in damages. The case was tried by G&B attorney Michael Gillis. Subsequently to the trial, G&B brought an action against the insurer for bad faith. A six figure offer was offered before the matter was handed over to subsequent counsel when G&B attorney Michael Gillis was named as a witness in the action and recused himself from the case.