Heifetz Rose LLP Secures Trial Victory For Snow Plow Company

Heifetz Rose LLP obtained a full defense verdict in favor of Goddard Bros, Inc., an Andover, MA, snow removal and landscaping company, in the Lowell Session of the Middlesex Superior Court, in Siracusa v. DeMoulas Super Markets Inc., and Goddard Bros., Inc., C.A. NO.: 2014-00053. Siracusa alleged that she sustained serious injuries when she slipped and fell in the parking lot of a Market Basket supermarket in Wilmington, MA. At the time of Siracusa’s alleged January 2013 accident, which took place several hours into an active blizzard, a crew of Goddard workers was in the process of using six pieces of snow removal equipment to clear the parking lot. Hours after the alleged accident, once the snow had stopped falling and plowing operations were finished, Goddard applied salt to the parking lot.

Goddard argued that while it was hired to plow and to apply salt to the parking lot, it was not hired to keep the parking lot clear of snow throughout the storm. Further, Goddard argued that the contract only required salt to be applied after Goddard had completed plowing operations, not during a storm, and that Goddard’s actions fully complied with its common law and contractual duties.

After 3 days at trial the jury deliberated for less than an hour and returned a verdict for the defendants finding that Goddard had performed snow removal operations in a proper and workmanlike manner.