$125,000 Settlement – Fractured Ankle After Fall On Ice at Post Office

Attorney Kevin Smith secured a $125,000 settlement for a client who fractured her ankle after slipping and falling on ice on a sidewalk at the Gales Ferry Post Office.  The case was brought in federal court against the United States of America and a private snow/ice contractor.  Attorney Smith took multiple depositions of post office employees and established that the post office retained control over the area where the client fell.  He argued that both the USA and the snow/ice contractor had an obligation to inspect the premises and remediate the icy conditions.  

Attorney Smith successfully opposed a motion to dismiss filed by USA on the ground that the USA was not liable pursuant to the independent contractor exception to the waiver of sovereign immunity under the Federal Torts Claims Act.  After the motion to dismiss was denied, USA and the snow/ice contractor agreed to settle the case.