New England Verdicts

Plaintiff(s):

Caleb Jepson , 

Colin Jepson , 

David Jepson (Male, 45 Years), 

Gavin Jepson , 

Abigail Jepson , 

Melissa Jepson

Plaintiff Attorney(s):

Edward R. Gargiulo;
Gargiulo / Rudnick, LLP;
Mashpee,
MA,
for
Caleb Jepson, Colin Jepson, David Jepson, Gavin Jepson, Abigail Jepson, Melissa Jepson ■ Marielise Kelly;
Gargiulo / Rudnick, LLP;
Mashpee,
MA,
for
Caleb Jepson, Colin Jepson, David Jepson, Gavin Jepson, Abigail Jepson, Melissa Jepson

Defendant(s):

Hess Corp., 

Scott Geggatt, 

Speedway, LLC, 

Marathon Petroleum Co., LP, 

Hess Retail Operations, LLC

Defense Attorney(s):

Mark A. Darling;
Litchfield Cavo LLP;
Lynnfield,
MA,
for
Hess Corp., Scott Geggatt, Speedway, LLC, Marathon Petroleum Co., LP, Hess Retail Operations, LLC

On Dec. 11, 2014, plaintiff David Jepson, 45, was a customer at a Speedway gas station/convenience store in East Falmouth. Upon exiting the store and walking back to his vehicle, he slipped and fell on snow and ice. Jepson sued Scott Geggatt doing business as Geggatt’s Landscape is Things Unlimited, Inc., Hess Corporation, Hess Retail Operations, LLC, Marathon Petroleum Company, LP and Speedway, LLC for negligence. Geggatt was responsible for the snow and ice removal on the subject property. Marathon Petroleum Company, LP is the parent company of Speedway, LLC, which owns Hess Retail Operations, LLC, and Hess Corporation. Prior to trial, Geggatt passed away and was voluntarily dismissed from the case. Also prior to trial, Hess Corporation, Hess Retail Operations, LLC and Marathon Petroleum Company, LP were dismissed from the case as not being proper parties sued. The case proceeded against Speedway only. Jepson alleged that Speedway failed to maintain the property in a reasonably safe condition. He claimed Speedway failed to ensure that snow and ice was promptly removed. Speedway contended that Jepson was comparatively negligent. Speedway argued that the snow and ice was an open and obvious condition and that Jepson failed to exercise ordinary care for his own safety.

Jepson was taken by ambulance to a local emergency room with complaints of neck pain. He had X-rays and was discharged. Jepson was diagnosed with cervical disc herniations at the C2-3, C3-4 and C4-5 spinal levels. He underwent cervical fusion at C2-3 and C3-4, with plates and screws implanted. The surgery failed and Jepson underwent a second spinal fusion at C2-3 and C3-4. Jepson claimed he suffered a permanent injury, with decreased range of motion, and that he has difficulty performing activities of daily living. He argued that his injury impacted his quality of life with his family because he is less physically active that he was before the accident. Jepson sought damages for past and future medicals and past and future pain and suffering. Jepson’s wife, Melissa Jepson, and his four children, Colin Jepson, Gavin Jepson, Abigail Jepson and Caleb Jepson, joined the action on consortium claims. The defense argued that Jepson made a good recovery from his injury.

The jury attributed 85 percent liability to Speedway, LLC and 15 percent liability to Jepson. The jury awarded $610,000 to the estate, which was reduced to $518,500 to reflect the comparative negligence finding. The jury additionally awarded a total of $70,000 to Jepson’s wife and children for their loss of consortium. The total judgment was $588,500.

Abigail Jepson: $10,000 Personal Injury: compensatory damages; Caleb Jepson: $10,000 Personal Injury: compensatory damages; Colin Jepson: $10,000 Personal Injury: compensatory damages; David Jepson: $610,000 Personal Injury: compensatory damages; Gavin Jepson: $10,000 Personal Injury: compensatory damages; Melissa Jepson: $30,000 Personal Injury: compensatory damages

Actual Award:

$588,500

Judge:

Robert C. Rufo

Trial Length:

4
 days

Trial Deliberations:

3
 hours

This report is based on information that was provided by plaintiffs’ counsel and Speedway’s counsel. Additional information was gleaned from court documents. The remaining defendants’ counsel was not asked to contribute.