Boston Personal Injury Attorney Blog

Durban v. Waverly Sales Company, an appeal argued before the U.S. Court of Appeals for the Eighth Circuit, involved a woman who attended a horse auction with her husband. The arena was set up in such a way that there were bleachers erected around the show floor. The plaintiff and her husband were sitting in the bleachers on the northeast side. During the auction, she left her seat to go the restroom.

In order to get to the restroom, the plaintiff had to walk down an alley created at the northeast end of the arena between the bleachers. This is the same alley that the horses were led down after they were sold. While returning from the restroom, the plaintiff tripped and fell to the ground. At this point, an employee opened a door overhead that caused a horse to become startled.

The startled horse trampled the plaintiff, and she was very seriously injured. The plaintiff sued the defendant for personal injury, claiming that the show presenter was negligent for arranging the seats in such a way that people had to walk down the same alley as the horses. Additionally, she alleged the worker’s negligent opening of the door that startled the horses.

Our Boston personal injury lawyers know that companies often do whatever they can to get a case dismissed.
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Our Boston fall injury lawyers know premises liability law in Massachusetts is distinct from many other states.

In Demag v. Better Power Equipment, an appeal heard by the Vermont Supreme Court, the plaintiff worked at a car dealership. One of the services offered by the dealership was that they would pick up the customer’s car and return with the car after service was completed.

The plaintiff was a driver who would drive his own car to the location where the customers’ cars were, leave his car, and return to the dealership with the customers’ cars. The plaintiff was responsible for picking up the cars owned by the defendant and his wife several times a year.
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