Oct 19 2018

Trial Verdict 2018-38: Morrison Mahoney Partner Doug Price and Associate Brian Manikowski Obtain Defense Verdict in Berkshire Superior Court

Morrison Mahoney Partner Doug Price and Associate Brian Manikowski obtained a defense verdict following a two day jury trial in Berkshire Superior Court.

The lawsuit stemmed from a ski accident in which the plaintiff claimed our client, a minor, collided with her on a ski slope, causing the plaintiff to suffer multiple injuries, including a torn ACL, MCL and knee fracture, which required surgical repair.

The plaintiff argued that our client was negligent in causing the collision, as she was uphill of the plaintiff prior to accident and had a duty to avoid skiers downhill. However, the plaintiff testified that she never saw our client prior to the collision, and therefore, could not refute our client’s testimony that she was skiing in control, and had attempted to avoid the collision.  Our liability defense focused on the fact that not just our client, but both parties, had an obligation to maintain control and avoid collisions with other skiers.  Evidence was presented that the accident occurred when the plaintiff merged into our client’s trail without looking and making sure it was safe to do so, causing the accident.

After deliberating for approximately 30 minutes, the jury found the defendant not negligent.

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