» Personal Injury Cases
We represented a client for a single vehicle commercial truck accident where the defendant driver negligently lost control of a truck and struck a guardrail, resulting in severe and permanent injuries to our client — who was a passenger. The insurance carrier made a $50,000.00 settlement offer prior to filing a lawsuit. After extensive written discovery, several depositions and the retention of several experts the case was mediated and settled pre-trial.
Premises Liability – Defective Stairway
Our client was a tenant of a large apartment complex who suffered a rotator cuff tear when she lost her footing and fell down a common area stairway. An investigation of the stairway’s condition was conducted by a building code expert and revealed multiple tripping and pacing cadence hazards. These included a missing hand rail, vertical stair risers that were not uniform and varied in vertical height from 5 7/8 inches to 7 5/8 inches, and rubber stair nosing that was detached and separating from a stair. Claims were made for negligence, breach of the warranty of habitability, and breach of quiet enjoyment based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code against the property owner. The case was settled shortly after a settlement demand package was sent to the insurance company.
Premises Liability – Defective Stairway
Our client was a tenant in an apartment building complex with an adjacent parking lot who suffered a zygomatic arch fracture when she lost her footing and fell while descending an exterior parking lot stairway. An investigation of the condition of the exterior stairway with a building code expert revealed that the stairway contained multiple tripping and pacing cadence hazards, including stair tread depths that were not uniform in depth and varied by 3 inches from 7 1/4 inches to 10 1/4 inches. Claims for negligence and breach of the warranty of habitability based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code were made against the owner of the property and the property management company. The case was settled shortly after a demand package was sent to the insurance company.
Our client was struck by a driver who failed to stop at an intersection. The defendant driver’s negligence resulted in a rollover of our client’s vehicle and an exacerbation of pre-existing lower back pain. The case was settled shortly after a demand package was sent to the insurance company.
Our client, an avid triathlete, was struck by a moped while riding his road bike. The operator of the moped negligently pulled out from a side street and struck our client while he was traveling downhill at a fast rate of speed. Our client was thrown from his road bike and suffered from several abrasions and lacerations to his face resulting in two minor scars. An expert dermatologist was hired to render an opinion on the nature and permanency of the scars. The insurance company failed to make a fair and reasonable settlement offer in response to our settlement demand package and a lawsuit was filed. The case settled shortly after the lawsuit was filed.
Our client was a rear seat passenger of a car in which the driver negligently made a left turn through an intersection when it was struck by a speeding vehicle traveling in the opposite direction. Claims for negligence were made against the driver of the vehicle our client was traveling in and the driver of the vehicle traveling in the opposite direction. As a result of the collision, our client suffered a rotator cuff tear that required surgery. The claims against both drivers were settled for the insurance policy limits.
Settlement: $50,000.00 (policy limits) & $20,000.00 (policy limits)
Our client, an avid triathlete, was struck by a commercial truck towing a trailer while riding his road bike when the driver of the truck attempted to pass him. As a result of the collision, our client was thrown from his bike and suffered from abrasions, lacerations, scarring to his knee and a fractured clavicle. An expert dermatologist was hired to render an opinion on the nature and permanency of the scarring to his knee. A claim against the driver of the truck for negligence was made and a claim against the underinsured policy of our client’s automobile insurance policy was made. The case against the driver of the truck was settled shortly after a settlement demand package was sent to the driver’s insurance company. After waiting three years to make sure the clavicle fracture did not require surgery, the underinsured claim was settled.
Settlement: $75,000.00 & $7,500.00 (underinsured claim)
Premises Liability – Slip and Fall on Snow and Ice
Our client lived in a large commercial apartment complex with a parking lot snow removal policy that required tenants to remove vehicles from the parking lot when notified. The parking space next to our client’s assigned parking space was assigned to a tenant who owned a car and motorcycle. The tenant was allowed to park his motorcycle parallel near the end of the parking space and then park an automobile behind the motorcycle. The tenant had a history of not moving his motorcycle during snow storms despite multiple complaints from other tenants. The snow removal company would plow and pile snow into the parking spot surrounding the motorcycle that would then melt creating an icy, unsafe and hazardous condition throughout the parking lot. Our client slipped and fell as a result of the icy conditions and suffered from post-concussion syndrome and made a full recovery shortly after the incident. The case was settled shortly after settlement demand packages were sent to the insurance companies for the snow removal company and apartment complex management company.
Medical Malpractice – Negligent Supervision
An elderly wheelchair bound patient suffering from severe dementia and renal failure who was a known fall risk was negligently allowed to wander from a dialysis center unsupervised. Once outside the dialysis center, he fell and suffered a broken hip requiring surgical repair. The case settled shortly after a settlement demand package was sent to the insurance company.
School Bus Accident – Negligent Supervision
A school bus driver negligently operated a school bus causing it to come to a violent and sudden stop. At the same time our minor client and other students were standing in the aisle due to overcrowding of the bus and negligent supervision. Prior complaints from parents about overcrowding and the lack of a school bus monitor were made to the school bus operating company and the public school system. When our client fell, he suffered a laceration to his ear requiring stitches resulting in minor permanent scarring. A dermatologist was hired to render an opinion on the nature and permanency of the scar. The case was settled shortly after a lawsuit and a petition for approval of a settlement with a minor were filed.