Early in the morning, Barbara was going about her normal job duties as a chef at an office building in Wilton, Connecticut. She was opening the kitchen, baking muffins and doing prep work. Around 5:30 a.m. when it was still dark, she went to throw some empty boxes in the dumpster out back. The dumpster was a large unit which had a compactor that was operated by a hydraulic engine. To get to the dumpster, you had to walk up a diamond plated ramp. As Barbara was walking up the ramp, she slipped and took a terrible fall, landing right on her back and hitting her head on the ramp. When she got up, she had hydraulic oil on her clothes.
What Barbara did not know is that on the Friday before her fall, the dumpster had been serviced. The company who serviced the dumpster claimed that they had done the service properly but that the serviceman had moved out west and nobody could find him. After taking more than a dozen depositions of witnesses to the events, Tremont Sheldon Robinson Mahoney was eventually able to identify the serviceman who did the work. It turns out that the serviceman actually still worked for the company and had never moved. The company had lied.
Tremont Sheldon Robinson Mahoney took the serviceman's deposition and eventually got him to admit that after he had done the work, there was a large quantity of oil on the ground. However, he claimed that he had told the dumpster's owner about the condition as it was not his job to clean up oil. Tremont Sheldon Robinson Mahoney brought a lawsuit for Barbara against the office building's owner, the dumpster's owner, and the serviceman who did the work.
Approximately one week after the fall, Barbara had begun to experience neck pain and went to an orthopedist. She began treatment with him and then began to experience back pain and eventually shoulder pain. Her orthopedist and a neurosurgeon performed a fusion on her neck, removing two herniated cervical discs. Later the surgeon performed shoulder surgery for a partial rotator cuff tear. Barbara also got physical therapy for her back. Barbara, who was 47 at the time of her fall, has never been able to return to work. Her doctors indicate that she will not be able to work as a cook again because of her pain. Her medical bills are approximately $60,000 and her lost wages are approximately $120,000.
During trial, the case was settled on Barbara's behalf by Attorneys Paul Tremont and Doug Mahoney for $575,000. The repairman's insurance company paid $440,000, the dumpster owner paid $100,000 and the building owner paid $35,000.
Further, Barbara has been collecting workers' compensation benefits since her fall. Those benefits total over $150,000. During the course of the lawsuit, the workers' compensation carrier attempted to join Barbara's lawsuit in order to get reimbursed for the money paid out. Tremont Sheldon Robinson Mahoney was able to get the workers' compensation carrier's case dismissed on a technicality, as the workers' compensation carrier did not join the case in a timely fashion. Now, Barbara does not have to pay the workers' compensation back and will most likely continue to collect comp for the foreseeable future.
The total amount collected by Tremont Sheldon Robinson Mahoney to date for Barbara is approximately $725,000 and that number will continue to grow.