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Verdicts & Settlements: Premises Liability

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Store patron falls into hole near entrance

June 13, 2024

Kelly Aboshar, who used crutches due to a leg amputation, walked out of a Dunkin store. She turned a corner near the entrance, and her crutch fell into a hole that allegedly had been created for a gutter downspout. She suffered a torn rotator cuff, which required surgery. Her injury resulted in shoulder weakness, which interfered with her mobility.

Aboshar sued Maddison of Wrentham, LLC, the owner of the Dunkin franchise, alleging negligence.

The jury awarded approximately $1.03 million.

Citation: Aboshar v. Premium Outlet Partners, LP, No. 1882CV00276 (Mass. Super. Ct. Norfolk Cnty. Aug. 21, 2023).

Plaintiff counsel: Brian F. George, Boston.