Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to fix defective condition at funeral home

March 2025

Nicole Hayes, 22, was at the Barile Funeral Home when a light fixture fell from the ceiling of an elevator, striking her in the head. She suffered a traumatic brain injury that caused severe headaches, tiredness, confusion, depression, and other symptoms. A sales associate who earned at least $50,000 annually, Hayes was unable to work for more than a year. Her medical expenses exceeded $119,800.

Hayes sued Barile Funeral Home Inc., alleging failure to warn, inspect the light fixture, and correct a defective condition.

The jury awarded Hayes more than $1.77 million, plus over $1.34 million in prejudgment interest.

Citation: Hayes v. Barile Funeral Home Inc., No. 1881-CV-01515 (Mass. Super. Ct. Middlesex Cnty. Sept. 6, 2024).

Plaintiff counsel: AAJ member Andrew M. Abraham, Milton, Mass.