Verdicts & Settlements

$2,400,000.00
Motorcycle accident at construction site

$1,800,000.00
Child burned in basement explosion

$1,675,000.00
Wrongful death claim against a truck company

$350,000.00
Rear-end car accident with back injury

$260,000.00
Rear-end car accident with neck injury

$255,000.00
Trip and fall on defective brick walkway at fast food restaurant suffering a broken arm, elbow, and two teeth.

$250,000.00
Motorcycle accident with leg injury

$250,000.00
Injuries sustained from cutting down a tree on a friend’s property

$240,000.00
Post-traumatic stress disorder from viewing crane collapse at construction site

$195,000.00
Slip and fall on snow and ice

$190,000.00
Soy milk contamination

$165,000.00
Injuries sustained in MVA resulting in surgery

$155,000.00
Pedestrian police officer struck by drunk driver

$150,000.00
MVA claim for 8 yr old boy against a truck company

$137,500.00
Horse riding accident with multiple injuries

$125,000.00
Tractor trailer accident with minor cognitive injuries

$120,000.00
MVA involving vehicle operated by hospital employee

$112,500.00
Fell through hole in floor of construction site suffering knee injury

$100,000.00
Motor vehicle accident resulting in surgery

$100,000.00
Wife struck at mailbox by husband turning car into driveway

$100,000.00
Trip and fall due to raised asphalt in crosswalk of grocery store

$100,000.00
Police officer injured in fall from unguarded landing

$100,000.00
Police officer injured elbow breaking up bar fight

$100,000.00
Police officer injured in rear-end motor vehicle accident by intoxicated driver

$80,000.00
Dog attack resulting in surgery and permanent scarring

$75,000.00
Passenger on coach bus injured after falling from seat and suffering wrist injury

$75,000.00
Child suffered windpipe laceration requiring surgery after swallowing small toy

$65,000.00
Dog attack resulting in surgery and permanent scarring

$60,000.00
Trip and fall over cables running across floor of restaurant

$500,000.00
Death following Achilles tendon surgery
(Workers' Compensation)

$325,000.00
Gas worker sustained back injury requiring multiple surgeries (Workers' Compensation)

$300,000.00
Certified nurse’s aide sustained back injury requiring multiple surgeries (Workers' Comp)

$200,000.00
Work-related heart attack
(Workers' Compensation)

$200,000.00
Electrical shock and burns (plus third party recovery) (Workers' Compensation)

$150,000.00
Farmer suffered broken ankle
(Workers' Compensation)

$150,000.00
Work-related motor vehicle accident with shoulder injury (Workers' Compensation)

$125,000.00
Grocery clerk suffered back strain
(Workers' Compensation)

$125,000.00
Clerk who was sexually harassed by supervisor
(Workers' Compensation)

$125,000.00
PTSD following gas explosion
(Workers' Compensation)

$125,000.00
Bus driver developed PTSD after hitting pedestrian (Workers' Compensation)

$125,000.00
Registered nurse with latex allergy
(Workers' Compensation)

$125,000.00
Fall aggravated pre-existing multiple sclerosis
(Workers' Compensation)

$112,500.00
Utility worker injured shoulder
(Workers' Compensation)

$112,500.00
Fall aggravated pre-existing arthritis
(Workers' Compensation)

$ 65,000.00
Clerk developed bilateral CTS from repetitive keyboard use (Workers' Compensation)

$ 65,000.00
Back injury from repetitive lifting
(Workers' Compensation)

$ 50,000.00
Shoulder injury from slip and fall outside of work (Workers' Compensation)

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After a workplace injury, a worker is entitled to receive a weekly wage that’s calculated by plugging the worker’s earnings into a formula under Massachusetts G. L. c. 152, § 35D. A partially incapacitated worker may receive 60% of the difference between the average weekly wage before the injury and the weekly wage the worker is capable of earning after the injury. This is not to exceed 75% of the amount she or he would receive if deemed totally incapacitated. A recent Appeals Court case, Lavalley’s Case (16-P-46), assessed an earning capacity calculation for a worker suffering from bilateral carpal tunnel syndrome.

In this lawsuit, the administrative law judge (ALJ) initially ordered the insurer to pay $235.43 a week in partial benefits. keyboard typingHowever, the order did not include the calculation under G. L. c. 152, § 35D, and both parties appealed to the Reviewing Board. After the Reviewing Board remanded the lawsuit down to the ALJ for further findings of fact, the ALJ found that the insurer was only required to pay $121.91 from the day the injury began on June 1, 2011 to December 31, 2014. The insurer was then required to pay $97.91 from January 1, 2015 forward. The worker appealed this order to the Reviewing Board, which affirmed the ALJ’s calculation. The injured worker then appealed the Reviewing Board’s decision.

In its review, the Appeals Court first established that the decisions of the Reviewing Board are not overturned unless there was no evidence supporting the ruling, or the decision was tainted by errors of law. At the initial hearing, the ALJ made a finding that the injured worker could perform light work and granted her the maximum amount of weekly wage under the law. However, the ALJ did not attach the corresponding calculation with this finding. On remand, the judge used the same evidence that was presented at the first hearing but came to a different conclusion and ordered the lesser amount. The injured worker argued that the second order went against the first and that the ALJ was obligated to hear new evidence.

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In Massachusetts premises liability cases, the injured person must show that the owner or manager of a property failed to uphold the duty to use reasonable care to keep the premises safe. Typical scenarios are when someone slips and falls on a substance or harms themselves because of a hazardous condition. The injured person must show that the owner knew or should have known about the substance or condition, in addition to demonstrating the owner or manager had the duty to either remove the hazard or warn patrons.

In a recent decision, Simas vs. Starwood Hotels & Resorts Worldwide, Inc. (16-P-158), the Massachusetts Appeals Court looked at whether or not an amended pleading was appropriately denied in a hotel slip and fall lawsuit. The injured man fell in the shower during a stay. The injured guest initially alleged that the defendants were negligent by allowing a defective soap and shampoo dispenser to remain in the room he occupied.  bath tubMore than a year after the case was filed, the defendants moved for summary judgment against the injured hotel guest. Six months after this motion was filed, the injured guest attempted to amend his complaint, switching from the argument that the defective soap dispenser leaked soap, causing him to fall, to alleging the hotel was negligent in their design, construction, and maintenance of the shower floor. The amended complaint also alleged the hotel’s shower floor did not meet the reasonable standards of slip resistance, and the hotel was negligent by failing to provide a bath mat or grab bar to prevent slipping.

The trial court denied the motion to amend, arguing that an amendment changing the theory of liability two years after filing would unduly prejudice the defendants. The injured guest pursued a defense against the summary judgment, which caused a further delay in the proceedings. The injured guest pointed to architectural drawings found in the discovery that revealed the hotel’s intent to renovate the bathrooms in order to make them compliant with the Americans with Disabilities Act (ADA). The appellate court acknowledged how that may have factored into the injured man’s decision to amend the complaint, but it pointed out that the discovery with this information was available early in the proceedings. The court did not feel that this excused the prejudicial delay. The appellate court pointed to the lack of information with the amended complaint that would have enlightened the trial court as to whether the modifications to the bathrooms specifically addressed slippery bathtub surfaces. The court cited Massachusetts case law, which permits a trial court to deny a motion to amend if there’s an unexcused delay.

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In a recent case (15-P-1563), the Massachusetts Appeals Court reviewed a wrongful death lawsuit filed by the estate of a deceased infant, alleging the health care providers negligently performed their duties and led to the death of the infant. The case went to trial, ending with a verdict for the defendants. The estate appealed, claiming errors in the evidentiary rulings made by the judge.  Holding handsUpon review, the appellate court declined to overturn the decision, providing insight into what must be shown by an injured party to successfully pursue a wrongful death action.

The central question in this medical malpractice case was whether or not the providers were negligent by failing to recognize the baby’s heart monitor tracings were too slow, requiring a cesarean section. The defendants argued at trial that the tracings indicated a reassuring heart rate and that the cesarean was performed when the dilation failed to progress beyond nine centimeters. The estate pointed to the missing original, contemporaneous paper tracings, arguing that the copies in evidence did not have any handwritten notations of the defendants, so it was difficult to tell whether the doctors noted a reassuring or non-reassuring heart rate during the mother’s labor. The estate argued that the post-delivery care provider notations referred to a non-reassuring fetal heart rate as the reason for the c-section. The defendants countered that the notations could have been post-delivery assumptions, based on the near-lifeless state of the child upon delivery.

The estate entered into evidence copies of the post-delivery medical providers but did not call any of them as witnesses during trial. The defendants argued the lack of witnesses necessitated a missing witness instruction, which the trial judge denied. However, at argument, the defendants asserted that the estate did not present evidence that the post-delivery care providers actually examined the records of the heart tracings made at the time of delivery. The estate felt the judge allowed this argument in error and made it a focal point of the appeal.

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Massachusetts limits the time in which an injured party can file suit against a defendant. For most personal injury actions, the case must commence within three years after the cause of action accrues. This is known as the statute of limitations. This time begins when the date of the injury occurred or when the injured person knew or should have known that the injury occurred. Massachusetts laws also limit the time for the latter in statutes of repose, which cap the time to file a case.  Disabled tagThe primary example of this can be found within the medical malpractice statute, G. L. c. 231, § 60D. This statute allows a minor under six years of age to file suit past the three-year period, as long as it is before the child’s ninth birthday and within seven years. For instance, a child may discover that an accident at 18 months of age caused delayed injuries. This child can still file suit past the age of 4 1/2 years old but must file suit within seven years, even though the child will not quite be nine years old.

In a recent case (16-P-299), a father and next friend fought a trial court’s ruling dismissing his medical malpractice claim against three defendants for injuries to his child at birth. The court determined the claims were time-barred by G. L. c. 231, § 60D. The child was born on October 12, 2006, and the initial action was filed on December 26, 2012. On September 17, 2013, the father sought to add three health care provider defendants to the original defendants. The new set filed a motion to dismiss, which was granted, and the father appealed.

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Pre-existing conditions can complicate an award of workers’ compensation benefits. In the event a pre-existing condition occurs, General Laws c. 152, § 1(7A) only requires the new injury to be compensable if the work injury was a major but not necessarily predominant cause of the disability. A recent case (Bd. No. 10832-12) addresses what must be shown when an employee who suffered a back injury had a pre-existing condition related to a prior back injury.

The employee’s medical history began in 1991 following an injury while working at a grocery store.Resting Gavel In 1992, the employee had surgery to relieve pressure on his spinal cord, formally known as a laminectomy. In the following year, the employee worked for a different company, performing various jobs until he was laid off in 2009. The employee was re-hired in 2011 to work on a large order using a “4-slide” machine. During this period, the employee could not pinpoint a back injury from a specific incident, but he claimed that an injury occurred while he performed repetitive work for this employer, lifting and carrying items.

At an early hearing, the judge ordered temporary total incapacity benefits but did not order the insurer to pay for the back surgery. The conference order was appealed by both parties, and the employee was seen by an impartial medical examiner. This evaluation was the only medical evidence submitted. The judge determined at the hearing that the employee sustained an injury between August 2011 and March 2012, and the injury sustained by the current employment, combined with the pre-existing injury, caused or prolonged treatment and disability. The judge found that the injury was a major but not necessarily predominant cause of the injury and ordered the payment of temporary and permanent total incapacitation benefits. The judge also ordered the payment of medical expenses, including those for the employee’s back surgery in 2013.

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Many Massachusetts businesses rent space from another entity to use for their business, along with parking and walkways for customers and employees to use. When a slip and fall injury occurs, liability can stem from either the business or the property owner or both. If another entity were in charge of maintaining the premises, that company may also share in the liability for an injury. As with all personal injury lawsuits, liability exists when a duty is owed by the alleged party responsible for the injury. When more than one defendant is involved, it can be challenging to sort out liability and damages.

An Appeals Court of Massachusetts decision looks at whether or not jury instructions in a a slip-and-fall lawsuit involving two defendants were improper. Slick parking lotThe injured party argued that the instructions did not accurately reflect the law governing whether the defendants’ conduct was the cause of her harm. She was originally injured in a slip and fall in a parking lot outside a restaurant. The building was leased by the restaurant from the co-defendant company, which was also responsible for the repair and maintenance of the parking lot. The injured woman filed suit against both the restaurant and the property owners. At trial, the jury determined that the restaurant was not negligent. It also found the property owner to be negligent but not a “substantial factor” in causing the customer’s injury. The injured person moved for a new trial, which was denied, leading to this appeal.

In cases involving multiple causes, courts use the “substantial contributing factor” test when it is difficult to ascertain that any of the individual defendants was the main source of the harm – even when you know the defendants’ behavior, as a whole, caused the harm. The judge presiding over the trial applied this test, which was reflected in the jury instructions. In the court’s analysis, the appellate court found that the instruction was proper with two defendants, especially since the plaintiff had a pre-existing condition. The appellate court also disagreed with the injured person that there was not enough evidence for a verdict favoring the defendants.

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Before any jury trial, the attorneys for the parties to the lawsuit can speak to, question, and make strikes of citizens within the jury pool to shape the eventual panel that hears the case and decides whether liability exists and which (if any) damages to award. This is known as voir dire. Like any part of a trial, voir dire must follow the guidelines established through statutes and case law. If not, a party has the right to appeal on this issue.

auto light A recent Appeals Court case case (15-P-1421) analyzes whether or not a ruling regarding voir dire was sufficient to warrant the dismissal of the injured party’s motion for a new trial.

The injured party was seriously injured as a passenger during a car accident involving two vehicles. She had left a social event with friends to go to a fast food restaurant. She was in the front passenger seat. The driver merged onto the road and intended to enter the left travel lane and cross the two opposite lanes to enter the parking lot. The driver saw the other defendant’s car’s headlights in the distance traveling toward them in the opposite lane, but she thought that she had enough time to turn. The oncoming driver hit the car and ejected the plaintiff from the vehicle, causing serious, permanent injuries to the plaintiff.

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In a medical malpractice action, it is essential to have proper medical experts. Medical experts help show the defendant medical provider failed to meet the standard of care for that particular specialty. The Appeals Court recently issued a decision, Russo v. Fisher (15-P-1264), which reviews whether or not a summary judgment was appropriate in a medical malpractice action. The patient alleged that the defendants failed to diagnose his subdural hematoma in April 2011, which was diagnosed a month later. X-ray of spineThe appellate court looked at whether or not the injured patient provided enough evidence through an expert witness to show that the emergency room physicians did not meet the standard of care.

The injury occurred after the patient carried a large bathtub up the stairs in February 2011. He suffered neck pain soon afterward. Twice in March and once at the end of April, the injured man came to the same emergency room and was seen by three doctors. Each time, he complained of neck pain. On the second visit, an x-ray was taken of his cervical spine, and it showed a normal result. He was diagnosed with torticollis (known as “twisted neck”), paracervical strain, and cervical strain. Each time, he was prescribed medications and noted to not have neurological deficits.

The injured man then went to a primary care physician in May. No neurological deficits were found in the first visit, but the injured man was diagnosed with a neck spasm. On the second visit, less than a week later, the injured man complained of neck pain radiating to the head and changes in personality. The doctor ordered a CT scan and referred the injured man to neurology. Twelve days later, the CT scan revealed a subdural hematoma, which resulted in a craniotomy and a follow-up surgery for an infection.

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When filing a lawsuit in Massachusetts’ civil court system, the alleged at-fault party must be notified properly. When the at-fault party is an employee of a company, notifying the right person can get complicated. A recent Appeals Court case reviews the notice requirement under the Massachusetts Tort Claims Act, G.L. c. 258. In this case, a woman was injured by a city bus as she was entering another vehicle. She filed suit two years after the accident, and the Massachusetts Bay Transportation Authority (MBTA) answered, raising the affirmative defense that she did not properly give notice under G.L. c. 258, § 4.  Busy Street The trial court overruled the second motion by the MBTA to grant summary judgment in its favor, and the MBTA appealed.

G.L. c. 258, § 4 requires that notice of any tort claim against a public employer be presented to its executive officer within two years after the cause of action arises. Under the MBTA, this would have been the general manager and the rail and transit administrator. In this case, the injured woman sent notice of her claim to the “Claims Department” but not to the executive officer. The MBTA appealed, arguing that the notice did not comply with G.L. c. 258, § 4. The trial judge disagreed. The motion was overruled, the judge determining that there was notice.

Both parties agreed on the occurrence of several events. They agreed that the injured person’s attorney at the time sent out timely notice of the claim and that the injured person didn’t attempt to personally communicate during the two-year period after the accident and didn’t know what other communication may have occurred between her attorney and the MBTA during this time. The MBTA agreed that it had made a settlement offer to the injured person and other plaintiffs and that the other plaintiffs accepted their offers and settled their cases. The court determined that the MBTA had actual notice, based on the actions of the claims department. The court ruled that it fell under the “actual notice” exception, which overlooks a deficiency when there’s evidence the executive officer did know, thus fulfilling the presentment requirement.

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In a recent Appeals Court case, the court looked at whether or not a business was responsible for taking care of the abutting sidewalk. For any personal injury lawsuit to move forward in Massachusetts, the injured person must show that the defendant owed him or her a duty under the law. Businesses must use reasonable care to keep their premises safe. In this premises liability lawsuit, the question centered on what the scope of responsibility was for the defendant businesses.

The injured person fell on black ice outside a commercial area and filed a negligence action against parties connected to the business abutting the sidewalk. The defendants moved for summary judgment, arguing that there was no duty upon them to reasonably maintain the sidewalk for the injured pedestrian. Slippery sidewalkThe defendants also argued that there was no proof that they created the unsafe conditions on the sidewalk. The trial court agreed, dismissing the action. The appellate court took up the injured pedestrian’s appeal, affirming the lower court’s ruling.

In its decision, the Appeals Court pointed to the local ordinance, which places a limited duty on landowners to remove snow and ice from adjacent sidewalks. The appellate court stated that the businesses owed a general duty to the municipality but not specifically to injured pedestrians. The court hinged its distinction on a prior 2010 ruling in Papadopoulos vs. Target, 457 Mass. 368 (2010). This case also involved a slip and fall on a patch of ice in front of a store. The injured pedestrian also filed suit against the store and the maintenance company. The main legal issue revolved around the “Massachusetts rule,” which distinguished between natural and unnaturally accumulated ice. The court chose to abolish that distinction, but it did emphasize the duty property owners have to take care of their property. That summary judgment for the defendants in Papadopoulos was vacated, but the Appeals Court in the present case distinguished that case by the fact that the injury occurred on the property, in the parking lot, as opposed to on a public sidewalk. The court in this case ruled that the defendants owed no duty of care to the injured pedestrian and that there was no reasonable chance to prove that the black ice was caused by the businesses. The dismissal stayed in place.

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