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Recent Victories


Case: Personal Injury - Motor Vehicle Accident

Facts/Liability: Plaintiff was walking his dog, Waldo, a number of feet off of the paved road. An uninsured operator left the road, struck the Plaintiff and Waldo. The Plaintiff's claim was on a theory of contract seeking uninsured motorist benefits.

Defense: The Defendant acknowledged the negligence of the uninsured driver, but contested the casual connection of the claimed injuries and Plaintiff's entitlement to damages.

Injuries: The plaintiff suffered a minimally displaced fracture of the first metacarpal and a non-displaced sacral fracture. Neither fracture required any surgical involvement. Because the fractures did not require surgical involvement, the medical bills argued to the jury totaled $4,656.50. Although the Plaintiff did not require surgery and only had four or five sessions of physical therapy, it was clear through the live testimony of the Plaintiff's daughter and the treating physician that these injuries had negatively impacted a gentlemen in his seventies.

Specials: $4,656.50 in medical bills.

Settlement: The Plaintiff obtained a jury verdict of $77,500.00.


Case: Personal Injury - Motor Vehicle Accident

Facts/Liability: Plaintiff was a 15-year old operator of an ATV. He was leaving his driveway, attempting to cross Pingree Hill Road, when a collision occurred between his ATV and the motor vehicle operated by the Defendant. The Plaintiff argued that the uninsured driver of the other motor vehicle was a significant contributing cause of the accident and that Defendant was proceeding at an unreasonable speed in excess of the posted limit.

Defense: The Defendant argued that there was no liability because the Plaintiff was an unlicensed 15-year old operator and was illegally attempting to cross the road. The Defendant further argued that the Plaintiff failed to yield to the right of way to the oncoming motor vehicle.

Injuries: The Plaintiff sustained a thumb fracture, which required surgery. Fortunately, the fracture healed well and there was no testimony of any permanency.

Specials: $25,000.00 (approx.) for Medical Bills.

Settlement: The Plaintiff obtained a verdict of $40,341.45, with 50% fault assigned to the Plaintiff and 50% fault assigned to the uninsured driver.


Case: Personal Injury - Automobile Accident

Facts/Liability: Plaintiff was operating her vehicle in Dover, NH when the defendant failed to yield the right-of-way and struck Plaintiff's vehicle. Plaintiff was wearing her seatbelt, but the impact caused her to be forcefully thrown from right to left and she struck her left shoulder and head against the driver's side window. After the police arrived, Plaintiff was transported to Wentworth Douglass Hospital.

Defense: The defense asserted that the damages claimed by Plaintiff were overstated.

Injuries: Plaintiff experienced neck and shoulder pain immediately. As a result of the impact, she sustained facial and head bruising, which worsened over the days following the accident. As the week went by, Plaintiff began having headaches and significant shoulder and neck pain, which interfered with her sleep. She was diagnosed with a cervical strain with some spinomechanical dysfunction, likely the product of the whiplash injury caused by the motor vehicle accident. Her medical costs were $11,976.

Settlement: The claim settled for $32,000 prior to filing suit.


Case: Personal Injury - Automobile Accident

Facts/Liability: The plaintiffs were traveling on Route 202 in Lebanon, Maine when the defendant, traveling in the opposite direction, crossed the yellow line into the plaintiffs' lane of travel and collided with the plaintiffs' vehicle head on.

The plaintiffs alleged that the defendant violated his duty to operate his vehicle in a reasonable and safe manner, to maintain a proper lookout, to operate the vehicle at a reasonable rate of speed, to keep his motor vehicle under control at all times, to keep his vehicle in the appropriate travel lane at all times, and to keep his vehicle from striking other vehicles upon the roadways. He negligently drove his vehicle into the plaintiffs' lane of travel and struck them head on, causing the accident and resulting injuries.

Defense: The defendant asserted that a phantom vehicle had unexpectedly entered the roadway and caused the defendant to swerve into the oncoming lane of traffic.

Injuries: As a result of the collision, the plaintiffs were severely injured. Plaintiff 1, the driver, sustained multiple severe injuries including broken leg bones and Plaintiff 2, in the front passenger seat, suffered multiple abrasions, contusions and a severe shoulder separation. Both Plaintiffs 1 and 2 required surgeries to correct their injuries. Plaintiff 3, a minor child, sustained an injury to her abdomen, which required exploratory surgery. Plaintiff 4, also a minor child, sustained psychological trauma by seeing his entire family severely injured, being traumatically separated from them following the accident and dealing with their long recovery periods. All plaintiffs were using proper passenger restraints and child safety seats. The medical costs associated with care for all four plaintiffs was $137,588 (P1: $73,909; P2: $47,162; P3: $15, 349; and P4: $1,168).

Lost Wages: Plaintiffs 1 and 2 were employed full time at the time of the accident and lost significant wages due to their long recovery period. Plaintiff 1 incurred lost wages in the amount of $4,277 and Plaintiff 2 incurred lost wages in the amount of $5,843.

Settlement: Plaintiff 1's case settled for $100,000 and she received an addition $50,000 UIM settlement; Plaintiff 2's case settled for $100.000; Plaintiff 3's case settled for $40,000 and Plaintiff 4's case settled for $20,000. The settlement funds for Plaintiffs 3 and 4 were placed in an annuity trust until each child attains the age of 25 years.


Case: Personal Injury - Automobile Accident

Facts/Liability: The plaintiff was driving through an intersection on Route 11 in Farmington, NH when the defendant, driving a large pick up truck with a front plow attachment, failed to yield at the red light and T-boned the plaintiff's vehicle.

The defendant, driving his employer's company vehicle, admitted to the police officer that he failed to yield the right of way. Suit was initially filed against the driver and his employer under the doctrine of respondeat superior. The employer's insurer asserted the employee was not an authorized driver and denied coverage. Several months after suit was filed, the driver passed away for reasons unrelated to the accident and his estate was named as a defendant.

Injuries: As a result of the collision, the plaintiff sustained nasal fractures, lacerations and a head injury. The medical costs associated with his subsequent care was approximately $34,000.

Lost Wages: Plaintiff worked as a landscaper and after the accident, was unable to work in his physically demanding profession and made a lost wage claim of $76,000.

Settlement: Plaintiff's case settled for $250,000


Case: Personal Injury - Automobile Accident

Facts/Liability: The plaintiffs were passengers in a vehicle that rear-ended the vehicle in front of it. The accident brought an abrupt end to what was supposed to be an evening out to celebrate a birthday. As a result of the collision, both plaintiffs were thrown about the large passenger compartment. The plaintiffs alleged that the driver of the vehicle failed to operate his vehicle in a safe, prudent and non-negligent manner in conformity with all the statutory and common laws of the State of New Hampshire, including the duty to maintain a proper lookout, the duty to reasonably maneuver his vehicle to avoid a collision, and the duty to exercise reasonable care.

Defense: The defendant asserted that the driver, its employee, acted in a non-negligent manner and that the accident was not due to the driver's failure to exercise due car. The defendant also asserted that the damages claimed by the plaintiffs were overstated.

Injuries: Plaintiff 1 suffered several abrasions, lacerations, and contusions during the accident. As a result of injuries to his ribs, he had to undergo a course of physical therapy. In addition to the physical pain caused by these injuries, the injuries also posed a serious, and possibly deadly, threat to Plaintiff 1 because of a prior medical condition. In order to avoid that danger, Plaintiff 1 was forced to undergo a 2 ½ month course of Warfarin therapy. Warfarin is a drug that works to prevent blood clots from forming but can cause excessive hemorrhaging. This treatment involved daily, painful injections and he was forced to live a sedentary lifestyle for several months. His medical expenses were $4,431.00.

As a result of this accident, Plaintiff 2 suffered injuries to her face, head, neck, shoulders, and ankles. She was immediately transported to the hospital where she was diagnosed with a facial hematoma, puncture wounds, multiple abrasions, and an acute mild cervical strain. Plaintiff 2's injuries required a course of physical therapy and her facial swelling and numbness continued for over one and a half years through the date of case settlement. Her medical expenses were $8,195.

Settlement: Plaintiff 1's case settled for $40,000 and Plaintiff 2's case settled for $62,500, subsequent to the deposition of the driver of their vehicle.


Case: Personal Injury - Premises Liability

Facts/Liability: On 12/3/07, plaintiff, a 50-year-old contract nurse, broke her lower fibula while trying to dig her vehicle out of the snow at the apartment that she rented from the defendant. Her vehicle was parked off of the road on the defendant's lawn. Although the landlord had made arrangements for the plowing of the driveway, the plaintiff was not permitted to park in the driveway but was required to park on the lawn parallel to the road. She, therefore, had to walk around her vehicle in several inches of snow in order to shovel her inside tires out. While she was attempting to do this, she slipped and fell sustained her fracture.

Defense: Although this matter was placed into suit, the settlement was negotiated directly with the landlord's insurance carrier. The carrier denied all liability for the slip and fall on the basis that the landlord didn't owe the tenant any duty to keep the area around the vehicle clean of snow and, further, to the extent that the landlord had some liability, it was exceeded by that of the plaintiff.

Injuries: Fibula fracture which required open surgery to set and then further surgery approximately a year later to remove the hardware. Permanent decrease in range of motion of foot with probable future arthritis.

Specials: Medical expenses: $31,023.59

Lost Wages: $11,160.00

Settlement: After suit was filed but before discovery for $60,000.00


Case: Professional Malpractice

Facts/Liability: The plaintiff alleged to have sustained personal injury as a result of falling from a defective stool at a restaurant in California. Plaintiff sought representation from a law firm for the personal injuries sustained. The law firm failed to resolve the matter within the one-year California Statute of Limitations and failed to refer the matter to California counsel for suit within the one-year Statute of Limitations. The plaintiff alleged that the law firm committed legal malpractice, resulting in the loss of the personal injury action that should have been asserted and prosecuted on behalf of him.

Defense: The defendant law firm, through its principals, honorably acknowledged that the Statute of Limitations had been missed, that it was missed because it was assumed that the Statute was greater than one year, but that assumption was not verified. Defense counsel for the defendants asserted that the plaintiff's underlying claim had limited value.

Injuries/Damages: The injuries sustained were muscular and ligamentous in nature. The problem for the plaintiff was that for many people the injuries would have healed or not been extremely limiting. But, the plaintiff was a chiropractor; and, as he attempted his chiropractic manipulations, he would constantly exacerbate his condition. The plaintiff claimed that he sustained economic loss by reducing his patient load per hour and by reducing his workdays per week. Medical bills were limited and not a major focus of the claim; but, the economic loss was projected to be into six figures.

Experts: A nationally-recognized California trial lawyer was retained to opine as to the reasonable value of the underlying case if settled or tried in California.

Settlement: The litigation resolved for $390,000.


Case: Personal Injury - Automobile Accident

Facts/Liability: The plaintiff, a young man in his early 20's was significantly injured when he was involved in a motor vehicle accident. At that time he was a passenger in a vehicle operated by a friend and companion. Prior to the accident, the plaintiff and his operator had been at a New Hampshire bar/restaurant and allegedly served significant quantifies of alcohol. It was alleged that the operator's blood alcohol concentration at the time of incident was approximately .14 and that the entire blood alcohol concentration was the result of the alcohol consumed at the defendant bar/restaurant.

A claim was made against the defendant driver, which was settled without litigation. A lawsuit was filed against the defendant bar/restaurant and numerous depositions of the defendant's employees were taken to establish the protocols and procedures and the violations thereof.

Defense: The defendant restaurant/bar asserted that the primary cause of the accident and injuries was the operation of the motor vehicle by the settled defendant. The defendant further asserted that it had not over-served or violated any alcohol service protocols. Finally, the defendant asserted that, at the time the plaintiff and motor vehicle operator were within its premises, sufficient quantities of alcohol were not served to produce the eventual blood alcohol level; thus, they must have been served at a second establish and/or consumed alcohol outside of the establishment.

Injuries/Damages: Plaintiff sustained a brain hemorrhage verified by a neurologist and radiologist at Dartmouth Hitchcock Medical Center. He incurred a wage loss of $6,984 and medical bills in the amount of $172,909. The great news for the plaintiff is that he was able to return to his employment as a kitchen worker 97 days post accident.

Experts: Plaintiff retained an expert to testify with respect to responsible alcoholic beverage service and an expert to testify on the issue of blood-alcohol concentration and what the concentration levels mean in terms of outward signs of intoxication.

Settlement: The plaintiff's claim against the driver resolved for the policy limit of $100,000. The plaintiff's claim against the bar/restaurant resolved for a present value of $525,000, with most of the present value after attorneys' fees utilized to purchase a structured annuity which will result in a seven-figure payout during the plaintiff's life.

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Product Liability Practice Areas
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