Category: Verdicts and Settlements

1,052,500

Posted on

Injury


Pedestrian was struck and run over twice.

Injuries sustained:

  1. Right C6 pedicle fracture;
  2. Left occipital condyle avulsion fracture;
  3. Multiple rib fractures (right 2-9 and left 2-10) with flail segment (this occurs when 3 or more contiguous ribs are fractured in 2 or more places).
  4. Right pneumothorax and bilateral hemothorax;
  5. Right and left pulmonary contusions;
  6. Retrosternal hematoma;
  7. Proximal celiac artery dissection;
  8. L4 vertebral compression fracture;
  9. Left scapula fracture;
  10. Left pubic ramus fracture;
  11. Right adrenal gland hematoma with active bleed;
  12. Degloving injury of left elbow
  13. Left buttock laceration;
  14. Complex right facial laceration; and Left hand burn.

Result

Settlement reached for $1,052,500

1,650,000

Posted on

Injury

Our Client was injured on a construction site when he contacted an outdoor light fixture with his left arm. He suffered serious injuries including a dislocated right shoulder, concussion and burns to his arms, chest, hands and feet. Our Client suffered permanent neurological/cognitive symptoms including brain fog, memory loss, irritability, tinnitus, loss of balance as well as pain, numbness and loss of range of motion from his orthopedic injuries.

Result

Settlement for the amount of $1,650,000.

1,650,000

Posted on

The Injury

Client suffers serious injuries following electrical shock on construction site in 2018. Client is nearing the normal age for retirement from his particular construction trade, but he planned to work for several more years. He suffers cognitive loss of function, tinnitus, loss of feeling in his hands and a significant shoulder injury requiring surgery. He never returns to work.

The Challenge

Bowser Law litigates matter for five (5) years through the Massachusetts Superior Court against four (4) alleged responsible defendants, including two (2) governmental entities. The defendants are unified in their position that the plaintiff/client and his own employer are exclusively responsible for his injury and the work site conditions that led to the electrical shock injury and they dispute the nature and extent of the client’s injury and his ability to return to work.

The Result

Through the use of retained experts in the fields of engineering and electrical construction as well as expected trial testimony from the client’s treating neurologist, Bowser Law is able to settle the matter through mediation shortly before jury selection. Total settlement of $1,650,000 with all four defendants allows significant recovery for plaintiff after compromise and reimbursement on Workers’ Compensation insurance carrier lien.

275,000

Posted on

The Injury

Dog bites face of client causing laceration to upper lip requiring repair by reconstructive surgeon.

The Challenge

Client appeared at his customer’s home for scheduled service call during business hours. He stopped at front gate to yard and called out to homeowner, seeing the front door ajar and knowing the resident dog was not friendly. Immediately upon calling out to announce his arrival the client is shocked to see the medium sized mixed breed dog bolt from the house and run straight at him. Before the client can react the dog leaps atop the gate and bites the young man in face.

 

Bowser Law is well versed in Maine dog bite liability law to include issues of whether the client is legally upon the homeowner property as a business invitee, outside the property at the gate, the homeowner’s knowledge of the dog’s vicious propensity, and whether the dog is “at large” once he leaps the threshold of the front gate.

The Result

Client incurs several thousand dollars in medical bills related to ambulance, ER and repair of laceration by reconstructive surgeon. Negotiations begin several months later when injury is healed. Initially photos of scarring are limited to interior of upper lip. Counsel insists client shave his regular mustache to show visible scarring to upper lip. These photos along with past photos of unshaven client display damage to his otherwise handsome visage. Insurance carrier is moved to much higher settlement amount of $275,000 without the necessity of filing lawsuit.

425,000

Posted on

Injury

Client slips on asphalt walkway outside of her place of employment in February 2020 walking into work from employee parking lot. Injuries include partial tear of patellar tendon, damage to tendons on left hand small and ring finger, abrasions and cuts to both hands and knees.

Challenge


Plaintiff asserts slip and fall on the dry asphalt walkway was caused by an accumulation of granular rock salt on the dangerously steep walkway without stairs or railings. Rock salt was spread on adjacent parking lot by landlord’s snow and ice removal contractor the previous day. Defense claims rock salt was a necessary condition to treat recent snow and ice accumulation, and obvious to any New Englander in winter months. Further, the landlord claims the walkway was safe as constructed and was required to meet building/safety codes for ingress/egress at its location. Landlord’s insurance carrier denies liability, offers only $5000 to settle at mediation and then withdraws the offer after mediation.

Bowser Law takes selected jury on view of premises in yellow school bus before evidence starts to view unchanged walkway where fall occurred. View also includes previously constructed and existing walkways from the same parking lot leading to plaintiff’s workplace that incorporate railings and stairs to address grade change from parking lot to building. Lastly, the view makes obvious the experience of the landlord based on his massive, complex and diverse commercial development holdings on site. Defendant landlord admits he installed asphalt walkway to cover and replace a dirt “goat path” that was created by employees taking most direct route across landscaping from main parking lot to building but he did not consult an engineer or architect. Bowser Law calls safety/building code expert to explain to jury how dangerous walkway is as constructed, why rock salt created a hazard on steep slope.

Result

Jury returns plaintiff’s verdict of $425,000 reduced by 25% for comparative fault. Court awards statutory interest and taxation of plaintiff’s costs to defendant landlord. Net recovery exceeds $3750,000.

1,650,000

Posted on

Injury

Client suffers serious injuries following electrical shock on construction site in 2018.  Client is nearing the normal age for retirement from his particular construction trade, but he planned to work for several more years.  He suffers cognitive loss of function, tinnitus, loss of feeling in his hands and a significant shoulder injury requiring surgery.  He never returns to work.

Challenge

Bowser Law litigates matter for five (5) years through the Massachusetts Superior Court against four (4) alleged responsible defendants, including two (2) governmental entities.  The defendants are unified in their position that the plaintiff/client and his own employer are exclusively responsible for his injury and the work site conditions that led to the electrical shock injury and they dispute the nature and extent of the client’s injury and his ability to return to work.

Result

Through the use of retained experts in the fields of engineering and electrical construction as well as expected trial testimony from the client’s treating neurologist, Bowser Law is able to settle the matter through mediation shortly before jury selection.  Total settlement of $1,650,000 with all four defendants allows significant recovery for plaintiff after compromise and reimbursement on Workers’ Compensation insurance carrier lien.

275,000

Posted on

Injury

Dog bites face of client causing laceration to upper lip requiring repair by reconstructive surgeon.

Challenge

Client appeared at his customer’s home for scheduled service call during business hours.  He stopped at front gate to yard and called out to homeowner, seeing the front door ajar and knowing the resident dog was not friendly.  Immediately upon calling out to announce his arrival the client is shocked to see the medium sized mixed breed dog bolt from the house and run straight at him.  Before the client can react the dog leaps atop the gate and bites the young man in face.

Bowser Law is well versed in Maine dog bite liability law to include issues of whether the client is legally upon the homeowner property as a business invitee, outside the property at the gate, the homeowner’s knowledge of the dog’s vicious propensity, and whether the dog is “at large” once he leaps the threshold of the front gate.

Result

Client incurs several thousand dollars in medical bills related to ambulance, ER and repair of laceration by reconstructive surgeon. Negotiations begin several months later when injury is healed.  Initially photos of scarring are limited to interior of upper lip.  Counsel insists client shave his regular mustache to show visible scarring to upper lip.  These photos along with past photos of unshaven client display damage to his otherwise handsome visage.  Insurance carrier is moved to much higher settlement amount of $275,000 without the necessity of filing lawsuit.

425,000

Posted on

The Injury

Torn skin and lacerations to both hands, partial constriction injury to fourth and fifth fingers of left had, impact injury to left tibial tuberosity

The Challenge

Client falls on paved walkway outside of her place of employment. Slip and fall caused by an accumulation of varied size rock salt granules on walkway causing loss of traction. Client undergoes various treatments to include steroid injections and physical therapy, but she does not miss any time from work. Worker’s Compensation insurance pays approximately $13,000 on $17,000 in related medical bills . Commercial Insurance general liability carrier denies claim. Suit filed. At mediation the same carrier offers only $5,000 to settle, but then formally withdraws that offer following medication and before trial.

The Result

Bowser law selects jury in Hillsborough County (NH) Superior Court. Evidence establishes paved walkway was installed by commercial landlord to cover dirt path worn into landscape over many years from employees taking most direct route to entrance. Landlord did not consult any engineers or architects before installing “paved to grade” walkway. Bowser Law’s engineer/architect expert witness opines the walkway was dangerously steep as constructed and especially hazardous when sprinkled with rock salt that undermined traction. This was not a snow and ice case, but rather a defective construction design case. Bowser Law insists on and obtains an in person view of unchanged walkway by selected jury prior to start of trial. Other existing nearby walkways from the same parking area utilized steps and handrails to address change in grade across landscaped area in front of building. Jury verdict of $425,000 on damages with 25% offset for comparative fault. Pre-trial interest award of $46,000 and taxation of costs of $20,000 ordered by Court following verdict.

250,000

Posted on

The Injury

47 year old struck by vehicle resulting in fracture of right tibia plateau requiring surgery

The Challenge


Bowser Law successfully negotiates settlement with responsible driver for his policy limits of $100,000. Client has an additional $150,000 available through her underinsured coverage with her own automobile insurance carrier. Her carrier offers only $79,000 to settle this underinsured benefits claim. Bowser Law retains an expert orthopedic surgeon witness to summarize the injury, necessary treatment, future surgery, loss of function and the real life impact on this active woman’s life, to include work accommodations at her job as a hair stylist working on her feet all day. Supplemental demand results in full policy limit settlement for combined $250,000 recovery.

747,000

Posted on

The Injury

Traumatic Brain Injury to Child

The Challenge

Family of four (4) involved in serious three (3) car crash triggered by young driver who fell asleep at wheel crossing over double yellow line into oncoming traffic. NH case referred to Bowser Law by Massachusetts counsel. Initially it appears the family’s two minor children are properly seated in car seats and suffer only minor injuries.

 

Two (2) year old client passenger develops serious neurological symptoms months after the accident. Due to extraordinary medical care/intervention she avoids life threatening complications of brain aneurysm and has successful surgical outcome. Treating physicians causally relate her traumatic brain injury to the recent car crash. Responsible driver has only limited third party coverage and the passenger and driver of the third vehicle have bodily injury claims against same policy.

The Result

Bowser Law conducts asset search on responsible driver and confirms limited auto policy is the only source of recovery against this driver. Settlement reached with his insurance carrier, taking into account claims by other parties. Bowser Law then obtains full policy limit settlement for minor child from her father’s applicable commercial underinsured coverage. $300,000 settlement structured to pay minor $747,000.