Author: mike

60,000.00

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Injury

Premises Liability: 57 year old woman trips and falls over broken wooden landscape stake jutting onto sidewalk outside of her place of employment during cigarette break. Woman suffers fractured wrist requiring corrective surgery and extensive missed time from work.

Challenge

Property owner denies liability for hazardous condition created by vandals who routinely broke landscape stakes that were placed by landscaping contractor. Defense also asserts that plaintiff was injured “in the course of her employment” and recovery is barred by the Worker’s Compensation Statute. Plaintiff’s counsel establishes through discovery that property owner was aware of vandals breaking stakes and leaving them in place on or near sidewalk surfaces and only took remedial corrective measures after the injury. Injury occurred while plaintiff was on break and not in the regular course of her employment at retail store.

Result

Premises liability suit settled prior to trial at mediation for $60,000.00

75,000.00

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Injury

47 Year old client in Massachusetts rear ended at stop light by pick up truck towing a boat. Sustains permanent neck injury, herniated disc with nerve root impingement. Neck injury documented on MRI and confirmed by treating neurologist and orthopedic surgeon. Major damage to client’s sedan also documented.

Challenge

Insurance company for pick up truck driver receives full cooperation and documentation of claim from client. Insurance carrier disputes liability and offers only $8,000 to settle personal injury claim. Suit filed to recover fair and reasonable damages.

Result

Settled on day of trial. Middlesex Superior Court, Lowell, MA. $75,000

75,000.00

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Injury

Concussion, life threatening laceration to neck, cervical fracture.

Challenge

Cyclist client knocked unconscious following high speed collision with mini-van. Due to concussion cyclist has no memory of collision other than he was travelling through intersection on green light and van came out of nowhere. Police interpret scene and witness statements to fault cyclist with illegally passing minivan on right and then getting caught in blind spot when van turned right. Out of state insurance carrier denies liability and further denies “no-fault” coverage for nearly $80,000 in uninsured medical costs.

Result

Suit filed against out of state driver. Deposition testimony and scene investigation establish that mini-van driver was travelling in opposite direction and was struck by oncoming cyclist while making a left turn. Personal injury settlement includes a reduction and full discharge of the medical/hospital lien. $75,000

80,000.00

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Injury

Older client suffers fractured hip requiring hospitalization and surgery after falling on wet carpeted incline outside New Jersey Hotel.

Challenge

Insurance carrier for hotel denies liability or existence of any dangerous defect in walkway surface despite unusual grade change that is covered in carpet and allowed to become slick in rain.

Result

Counsel retains safety expert to review photographs of scene and conduct scene analysis in New Jersey. Personal injury suit filed through local firm in New Jersey. Case settled week of trial. $80,000

110,000.00

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Injury

Premises Liability: 17 year old allowed to test drive all terrain go-cart vehicle in parking lot of retail establishment. Young driver flips vehicle in parking lot when he encounters accumulation of sand at high speed. Crush injury and burn to left arm and hand results in permanent scarring.

Challenge

Defense denies premises liability and asserts seventeen (17) year old should have known risks of driving vehicle. Retailer provided no instruction or warning prior to test drive. Available safety harness was covered with packaging plastic wrap and not engaged during test drive and crash.

Result

Settled prior to trial at mediation for $110,000.00

117,000.00

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Injury

Dog Bite. Young boy attacked by chained dog in neighbor’s yard. Serious facial lacerations which result in permanent scarring.

Challenge

Homeowner’s insurance carrier denies coverage for claim and files suit against homeowner and injured boy’s family to seek opinion from Court supporting their denial of personal injury coverage under applicable homeowner’s policy. Policy limits $100,000.

Result

Settled prior to trial pursuant to structured settlement for present day and future benefits. $117,000

120,000.00

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Injury

Fractured back. 17 year old passenger in roll over crash in New Hampshire during road race between two cars.

Challenge

Bus company blames man for standing in aisle on near empty bus, denies inattentive driving caused violent lurching stop resulting in personal injury.

Result

Suffolk Superior Court, Boston, MA. Settled at trial. $120,000

132,500.00

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Challenge

General Contractor and sub-contractor for construction project each deny premises liability and blame injured plaintiff for walking through unlighted garage area in where open pit is located. Plaintiff establishes that both parties were responsible for overall safety of worksite and regular exit of building was blocked by construction debris, thereby leaving unlighted garage as only available exit from building. Plaintiff’s expert establishes numerous construction site safety violations under both OSHA and State Building Code regulations.

Result

Settled prior to trial at mediation for $132,500.00

150,000.00

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Injury

Ruptured biceps tendon. Retail store drops 27′ T.V. on man at their courtesy counter.

Challenge

No offer to settle. Store denies responsibility and blames customer for injuries.

Result

Jury Verdict Hillsborough Superior Court, Nashua, NH. $150,000

180,000.00

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Injury

Middle aged client suffers low back injury following rear end collision. Medical bills totaling $72,000 with lost wage claim.

Challenge

Defense challenges the severity of the injury and course of treatment including fact that client returned to full time physical work for eight months before lower back condition deteriorated to point requiring surgery, L2-L3 discectomy.

Result

Personal injury suit filed after case referred to B&V by prior counsel who could not settle case. Pre-trial private mediation results in settlement. $180,000