Our middle aged client was a delivery driver for an utility. He was assigned a medium sized box truck with a 6’ x 4’ foot side utility door weighing more than 100 pounds. When opened, the utility door was connected to the truck body by a passive post and grommet system that relied on friction to keep the door open and stable. While he was heaving a large bag of scrap wire into the side utility door, the door became detached from the truck body, and struck our client in the back of the head/neck driving him down to the ground. The client suffered serious neck injuries resulting in cervical (neck) fusion surgery. He was declared permanently disabled from his job and was unable to return to work. Because an injured employee in Massachusetts who is hurt on the job may not sue his employer because he is eligible for workers compensation benefits, we could not sue the employer. However, the truck was owned not by the utility but by a “spin off” wholly owned subsidiary. We sued the subsidiary together with a maintenance company under contract with the utility. We learned during pre-trial discovery, that the truck owner, through the utility employer, wrote the truck specifications for the manufacturer that included an active T-bar latch system to hold the cargo doors open, but that 1) these were never placed on the trucks, and 2) the owner and maintenance companies never inspected the trucks to determine if they met the specifications. Once this information was learned, the parties agreed to mediation. The case settled after more than two days of negotiations for $650,000.00.
Cases & Verdicts
While she was jogging on a public bike path, our client was run down from behind by a bicyclist. Our client suffered a skull fracture, a fractured clavicle, several rib fractures and a left rotator cuff tear. Subsequently she developed left sided hearing loss and tinnitus and vision changes. The bicyclist denied fault and we brought a lawsuit. After extensive pre-trial discovery, we were able to settle the case after a day-long mediation for $1,150,000.00.
Elderly client was a front seat passenger in her husband’s car when they were involved in a head on collision. She suffered a broken arm and broken leg and underwent surgery. The issue in the case was which car crossed the yellow center line causing the collision. The drivers blamed each other. There were no independent witnesses. We were able to convince the insurers for both drivers to offer the full amount of their insurance policies to settle the case.
We obtained a settlement of $300,000 for our middle-aged house painter who was injured in an auto accident. The challenge in the case was the recovery of his substantial lost wages despite his self-employment. We were able to gather enough evidence of his work and earnings history to convince the insurer to include all of his lost wages in the settlement.
A pre-teen was sexually molested by her elderly adult neighbor. The neighbor was convicted of indecent assault and battery and jailed. We brought a lawsuit against the abuser for civil battery and intentional infliction of emotional distress. The defendant’s homeowners insurer denied insurance coverage because the abuse was intentional. In order to get compensation for our client, the defendant and his wife agreed to sell their mortgage free suburban home where the abuse occurred with one-half of the proceeds going to our client and the other half to the abuser’s wife.
Type of Case – Framingham Injury Attorneys and Negligence Case – Failure to Properly Protect Elderly Patron from Dangerously Wet Floor
Settlement – $725,000.00
A totally independent elderly woman who lived alone and drove entered a fast food restaurant by an entrance that did not have a weather carpet over the ceramic tiling flooring. Two other entrances did have such protective weather carpeting. Outside the restaurant there was a snow cover and a cleared walkway but it was wet and water was tracked in from the doorway our client used. As she entered, she slipped and fell fracturing her hip requiring surgery and external wire fixation to stabilize the fracture.
After a lengthy hospital admission, she was transferred to a rehabilitation facility for several months and then, because it was feared she could not care for herself or get around easily, she was told she would have to move to a nursing home. The restaurant argued that the floor was not wet and not recently mopped. However, witnesses that we located disproved the restaurant’s initial argument. The restaurant then argued that water must have been tracked in from outside because of the weather conditions and here is where their failure to have a weather mat at each of the three entrances let to a successful resolution of the case. [Read more...]
Type of Case – Greater Boston Negligence Attorneys – Failure to Protect Disabled Student
Settlement – $300,000.00
An eighteen year old disabled residential student of a non-profit school jumped approximately 30 feet from the roof of the school building in an apparent attempt to kill herself. The mission of the school was to provide educational services to adolescence and young adults who were challenged physically as well as by problems such as childhood abuse and mental illness. Prior to living at the school, our client was an inpatient at a local state mental hospital because she twice climbed on the roof of her home with the intention of jumping. On the day of accident, she became upset after interacting with other students and began screaming, hitting and otherwise acting out. The staff controlled her by using a one-to-one staff to student ratio. After about thirty minutes, staff believed that the student had calmed down. The staff member then agreed to take our client on a walk around the campus. As the two exited the school building, the student ran up a wide wooden set of stairs used as a fire escape, ducked under the railing and went onto the flat roof of the school. The student stood at the edge of the roof 30 feet in the air and stated that she was going to count to 60 and jump. The staff member, while positioned at the top of the fire escape, attempted to try to talk her down but without success. When the student finished her count, she said good-by and jumped feet first from the roof.
Type of Case – Massachusetts Workers Compensation Accident
Settlement – $1,000,000.00
Our client worked as a maintenance person for a large Massachusetts defense contractor in one of its manufacturing plants. On the day of his accident, our client was required to lower an industrial bucket filled with water and mop from one level in the building to another. In order to assist employees in moving material from one level to another, the employer had installed a scissors lift. A scissors lift is a flat piece of steel powered by a hydraulic ram to raise and lower it. The scissors lift was designed and manufactured by a corporation other than the employer.
Our client stood next to the lift and used an on/off switch attached to a wire to operate the lift. As the lift began to descend, the bucket began to roll. In an effort to stop the bucket, our client stepped forward to brace it and placed his foot under the lift as it descended to the floor. The lift came down and crushed the plaintiff’s left foot.
As a result of the crush injury, the plaintiff suffered reflex sympathetic dystrophy. This is a very painful condition that involves the soft tissues and nerves of the foot. One suffering from this injury is caused excruciating pain when attempting to stand on the foot or weight bear. As a result of this accident, the plaintiff became permanently non-weight bearing and now either uses crutches or a wheelchair. [Read more...]
Type of Case – Boston Metrowest Negligence Attorneys – Failure to Observe Pedestrian
Settlement – $130,000.00
While visiting a strip mall, a two and half year old boy suddenly ran from his seven year old sister and onto a parking lot where a pizza delivery vehicle was backing out of a parking space. The child was struck by the car. We were able to demonstrate through depositions of witnesses and of the defendant operator that he never looked in his rear-view mirror before he placed his vehicle in reverse and backed up striking the child, knocking him over and causing the hot exhaust and muffler system to come in contact with his chest and neck.
In addition to obtaining the full amount of the insurance policy from the automobile involved, an additional claim was made against the pizza shop owner for negligently employing the driver. The case settled for $130,000.00. The additional monies obtained from the pizza shop business insurance policy allowed for a sufficient structured settlement for the child assisting with his care at present and providing money for college in the future.
Type of Case – Massachusetts Maritime Personal Injury Case – Maritime Injury Attorneys
Defense Verdict for Boat Owner
In this case the Firm represented the defendant who was the owner of a 95 foot commercial fishing trawler.
The plaintiff who sued our client was an experienced commercial fisherman who worked as a deck hand aboard the vessel. The plaintiff alleged that the Captain ordered the three member crew to clean, break down and neatly pile a retrieved fishing net together with all of its associated gear. The combined weight of this net and gear was estimated to be 1,000 pounds. Plaintiff claimed that upon lifting the third section of the gear, he lost feeling in his legs and felt pain in his back. Sometime thereafter the plaintiff was diagnosed with a herniated disk in his lower back that necessitated surgery. The plaintiff complained that he could never go to sea again. We denied that our client was responsible for the plaintiff’s injury and that the boat was fit for her intended purpose at all times. We proved at trial that the plaintiff never complained of any back pain at the time of the alleged accident and it wasn’t until several days later that the claim was made. All other crew members testified at trial and none of them supported the plaintiff’s version of the accident. As such, the jury was convinced that our client was not legally responsible for any injuries suffered by the plaintiff and returned a defense verdict completely exonerating our client.
The Massachusetts Maritime Injury Attorneys at Krasnow, Keller, & Boris handle all personal injury claims and represent individuals, families and businesses throughout the Greater Boston region as well as all of Massachusetts. Our personal injury litigation attorneys serve the Boston Metrowest town of Framingham, and our attorneys serve adjacent communities including Ashland, Cambridge, Dedham, Dover, Hopkinton, Holliston, Lowell, Marlborough, Maynard, Medfield, Natick, Needham, Newton, Sherborn, Sudbury, Waltham, Wayland, Wellesley, Weston, Middlesex County and Worcester County.