William Eagan, 68, was trying to be helpful when he climbed a tall ladder to assist his Condominium Association in cutting down a dead tree limb on the property owned by the Association. The limb broke unexpectedly, hitting the ladder on which Mr. Eagan was standing and knocking him twenty six feet to the ground. As a result, Mr. Eagan broke his pelvis, clavicle, elbow, leg and ribs, and suffered an injury to his head.
Mr. Eagan and his wife, Catherine, retained Maggs & McDermott which immediately investigated the cause of the accident. After consulting numerous tree removal and condominium experts, the Firm filed suit against the Condominium Association alleging that it was negligent for failing to use a professional service to remove the tree and failing to give Mr. Eagan the proper tools, training and support to remove such a large tree limb. The Condominium Association maintained that it was not their responsibility because Mr. Eagan voluntarily went up the ladder to cut down the tree limb.
The Firm reached a settlement with the Condominium Association where Mr. Eagan and his wife received $755,000.
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*Results may vary depending on particular facts and legal circumstances