Bob Pierce and Liz Benway Obtain Defense Verdict in Suffolk Superior Court

In 2025, Pierce & Mandell founder Bob Pierce and colleague Liz Benway obtained a defense verdict in a serious personal injury case in which the trial lasted about ten days.

The case was brought by an individual who claimed that he was injured while working as a carpenter for a subcontractor during the construction of a courthouse in Lowell, MA. The plaintiff was represented by a prominent Massachusetts lawyer who had a record of substantial jury verdicts in favor of his plaintiff clients. The plaintiff claimed that he fell on black ice that should have been treated and/or removed by the defendants, and he suffered a career ending torn rotator cuff. Pierce & Mandell represented the subcontractor who was responsible for removing and treating snow and ice on the project. In addition to the firm’s client, plaintiff sued the project general contractor and another subcontractor.

The plaintiff claimed medical bills of $105,000 and lost earning capacity of over $1 Million.

The case was mediated prior to trial. The settlement demand was over $5 Million, and no offer was made by the defendants prior to mediation. At mediation, the defendants offered approximately $500,000 in settlement, and the lowest demand made by the plaintiff was well over $1.5 Million. Thus, the mediation failed.

At trial, Bob Pierce effectively cross-examined the plaintiff, particularly in relation to plaintiff’s claims that he intended to work numerous years after the accident. Bob emphasized plaintiff’s prior injuries and plaintiff’s decision to not attempt to find less rigorous work after the accident. Bob argued in closing that while plaintiff had every right to retire when he did (he was in his early 60s after many years of vigorous labor), he should not be compensated for lost earnings. Liz Benway cross-examined the plaintiff’s expert orthopedist, demonstrating that the doctor had not reviewed the plaintiff’s medical records that pre-dated the fall in any detail.

After approximately 8 hours of deliberations, the jury found that Pierce & Mandell’s client was not negligent, and therefore, plaintiff obtained nothing from the firm’s client. The other two defendants were found to be negligent, and relatively modest judgments were entered against them. Interestingly, the jury found that the plaintiff was entitled to nothing for lost earning capacity.

Pierce & Mandell tries civil cases of all varieties, and has a team of seasoned trial lawyers ready to bring cases to verdict, in some case, on short notice.

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