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Case Results

Parental Discipline of a Child

A Burlington woman charged with felony assault and battery resulting in bodily injury in Woburn District Court for disciplining her child in public. After a motion to dismiss we were able to get the case reduced to a misdemeanor assault and battery. The day of trial we had five witnesses prepped and ready to testify. In pre-trial motions we successfully argued to keep the 911 tape out.

The Commonwealth was unable to continue and the case was dismissed.

Hospital Patient Assaulted While Trying to Leave the Hospital

A patient who voluntarily went to the hospital as a result of a car accident was tackled and punched by two security officers while trying to leave the hospital. The patient had tried to leave against the wishes of the hospital and his family. As a result, he was pursued and eventually tackled by the officers. One officer was injured as a result of the altercation and the patient was charged with assault and battery. On the day of trial, we requested that the officers be appointed counsel due to their fifth amendment rights not to incriminate themselves in the pending trial.

After consultation with their attorneys, the officers decided against testifying and the Commonwealth was forced to dismiss the charges against the patient.

Angry Ex-Wife

A Florida woman living in Swapscott, Massachusetts was the victim of a hit and run resulting in broken legs and ankles from the ex-wife of the man she was with. The Ew-Wife was charged criminally with assault and battery. The assailant was in the process of going through a divorce. An attachment of the marital home was obtained immediately to protect it from being distributed as part of the divorce agreement.

The case settled prior to trial for $100,000.00.

Assault and Battery Caught on Tape

A Lowell man was charged with assault and battery on a security officer while a patient at a hospital. The security officer dislocated his shoulder requiring surgery and time out of work. A surveillance video and medical records of the incident were obtained from the hospital.

All charges were dropped on the day of trial.

Assault and Battery on a Household Member

A Middlesex County Woman was charged with assault and battery on a household member. The defendant was alleged to have assaulted her boyfriend to which the defendant denied doing.

The case was dismissed on the day of trial.

Child Injury – Negligent Supervision

How It Happened

Our client a 10 year old boy was vacationing with his family at a Family Resort. As a patron of the family resort, our client was participating in the dunk tank activity. In the process of trying to exit the dunk tank our client was called back into the tank by staff to help the staff reset the seat. Our client made a second attempt to exit the dunk tank and was caused to fall several feet to the ground. Due to the negligent supervision of the onsite staff and improper access in and out of the tank we were able to recover damages for our client.

Injuries sustained from the accident

As a result of the accident our client suffered a broken wrist. X-rays and CT scans were performed showing an acute distal radius fracture with residual displacement, damage to the growth plate and angulation to Daniel’s right wrist, requiring a closed reduction surgery.

Child Pedestrian – Head Trauma

How It Happened

Our minor client while on his way to school, was a pedestrian crossing the street. He was struck by a vehicle. Police responded to the scene.

Injuries sustained from the accident

As a result of this accident, our client sustained headaches intensified by light and sound, inability to concentrate and struggled with memory and cognitive function. He began experiencing depression from sudden change in physical and academic capacities. He was unable to sleep. He was diagnosed with a concussion with a symptom score of 11. Enrollment in college was at best be delayed due to his failing and incomplete grades in a very important high school year. In addition to his dropping grades other factors considered in college acceptance, such as extra-curricular activities were also been effected.

Defective Office Chair

A Lawrence, Massachusetts girl sat in a defective office chair that had a broken wheel. The 8 year old girl fell off the chair breaking her elbow which required surgical pins and follow up physical therapy. The girl missed quite a bit of time at school and limited in her daily activities during recovery.

Suit was filed and the case settled prior to trial for $100,000.00.

Distracted Driver

A Lowell teenager was a pedestrian crossing the street. She was struck by a vehicle however she had no memory or recollection of the events leading up to the accident. An investigation was conducted to find any percipient witnesses of the accident to build a case against the drive who was claiming the teenager unexpectedly walked out into the street.

The case settled prior to trial for the full liability policy.

Dog Bite – Attack

How It Happened

Our 23 year old client was dropping her daughter off at a home day care. A dog that was new to that home proceeded to bite her calf. We obtained medical reports to show that no level of plastic surgery would be able to restore her calf.

Injuries sustained from the accident

As a result of the accident our client sustained permanent scarring and disfigurement.

Dog Bite – Home day Care - Permanent Disfigurement

How It Happened

Our client was employed at a convenience store. Our client helped a customer bring some items to his car in which there was a dog. The dog lunged at and attacked our client latching onto his hand.

Injuries sustained from the accident

As a result of the accident our client sustained serious injuries to his hand, permanent scarring and disfigurement.

Dog Bite While Babysitting

A Stoughton woman was babysitting when she was attacked and bitten in the face by the homeowners dog. The woman was rushed to the hospital where the wound required over 200 sutures. A plastic surgeon was retained to determine the extent and nature of any revision surgery that may be necessary. The wound healed very well over the course of the year and her scarring was limited.

The case settled prior to trial for $150,000.00 in addition to payment of medical bills and other expenses.

Dram Shop

A Newburyport man was a passenger in a vehicle in which the driver of the vehicle was overserved in a local establishment. The vehicle was involved in a head on collision as the vehicle drove on the wrong side of the road. There was one fatality as a result of the accident and the other passenger suffered a broken leg, several ribs among some other injuries.

The case settled prior to trial for $190,000.00 in addition to payment of medical bills and other expenses.

Drug Charges

A Brookline, New Hampshire woman was charged with Knowingly being present where heroin was kept. The woman was the driver of a vehicle she did not own in which heroin was found in an ashtray compartment. The drugs were sent to the state lab and tested positive for heroin.

A motion to suppress the initial stop and search of the motor vehicle was argued and allowed. As a result the prosecution could not move forward and the charges were dismissed.

Violation of Restraining Order

A Lowell woman was charged with violation of a restraining order and scheduled for a clerk magistrates hearing in Lowell District Court. After a hearing in front of the magistrate we were able to show that the alleged behavior was not prohibited by the terms of the Restraining order.

Case was dismissed and no complaint issued.

Butane Honey Oil (THC)

A Methuen man was charged with possession of a Class C substance in Ayer District Court. The criminal complaint alleged the defendant possessed “Butane Honey Oil.” The Commonwealth argues that the THC or tetrahydrocannabinol, which is a cannabis extract and is the chemical responsible for the majority of marijuana’s psychological effects, is a Class C controlled substance. BHO may test as high as 80% or more in THC.

After a motion to dismiss for lack of probable cause, the court case was dismissed.

Drug Distrubtion

A Tewksbury man was charged with distribution of a controlled substance. A man was seen entering the vehicle and exchanging an unknown object with the driver. The driver was subsequently pulled over. A search of the driver and vehicle revealed controlled substance.

A motion to suppress the stop and search for lack of probable cause was allowed. The prosecution was unable to proceed and the charges were dropped.

Dunk Tank

A Wakefield, Massachusetts boy was on a vacation with his family. The boy was trying to exit the dunk tank when the chair collapsed sending the boy out of the dunk tank to the floor resulting in a fractured wrist.

The case settled prior to trial for $45,000.00.

Garbage Day

A Billerica, Massachusetts woman went for a walk with her husband and dog on a nice summer day. Part of the sidewalk was blocked with a sofa bed that had been disposed of by the property owner. The woman’s foot caught on a piece of wood sticking out from the bottom of the couch causing her to fall to the ground breaking her elbow.

Suit was filed and the case settled on the eve of trial for $22,500.00

Head Trauma- Pedestrian Accident

How It Happened

Our 16 year old client was walking on a sidewalk looking for a place to cross the street in clear view of approaching vehicles. As a result of a distracted driver who failed to timely brake for our client as she crossed the street she was struck by the vehicle.

Injuries sustained from the accident

As a result of this accident, our client sustained head trauma, left shoulder and left elbow pain injuries. She suffered multiple head abrasions requiring multiple staples. She also suffered skin lacerations. CT scans of the head were performed and she was diagnosed with soft tissue swelling, amnesia of the event, concussion and frontal subdural hematoma with moderate traumatic brain injury.

Upon arriving at Tufts Medical Center, X-Rays were performed, findings of left elbow joint effusion with occult fracture.

Indecent Assault and Battery

A Tewksbury man was charged with indecent assault and battery for allegedly impersonating a doctor who was giving breast exams. The alleged victim had a history of mental issues.

The case was dismissed for lack of prosecution.

Motorcycle Accident - Hit and Run – Uninsured Claim

How It Happened

Our client while operating his motorcycle was cut off by a motor vehicle resulting in the motorcycle crashing. The responsible party fled and was never located. After some investigation of witnesses and accident reconstruction we were able to establish the fault of the missing driver without his presence. We were able to obtain a settlement for our client using the uninsured provision of his insurance policy.

Injuries sustained from the accident

As a result of the accident our client was thrown 30 feet from his motorcycle, knocked unconscious and suffered numerous broken bones as well as a head injury. Our client sustained significant injuries, including, extensive pulmonary contusions, subdural hematoma, subarachnoid hemorrhage, pneumothorax, multiple rib fractures, fracture to the left clavicle and left scapula. He also suffered numerous abrasions to his left arm, left leg, and left shoulder.

Multi-Vehicle Accident

How It Happened

Our client came to a complete stop at an off ramp. His car was part of a domino collision in which his car was struck by the car behind him which was struck by a pickup truck behind them. We were able to hold all parties in the cars behind our client responsible.

Injuries sustained from the accident

As a result of the accident our client suffered soft tissue injuries.

NH Custody Dispute

A Lawrence man received seeking custody of his minor child in a NH court. The court granted an order giving the father primary custody of the minor child.

Pedestrian Struck by Motor Vehicle While Driver Was on a Cell Phone

How It Happened

Our Client, a teenage girl was crossing the street when she was suddenly struck by an oncoming car. After investigation was conducted the driver was found to be on a cell phone which contributed to negligent operation of the motor vehicle and injuries to our client.

Injuries sustained from the accident

As a result of the accident our client suffered a broken pelvis.

Rear End Collision

An Andover driver operating his motor vehicle traveling on 93 South, south of 495, was abruptly struck from behind by another motor vehicle which was not paying attention to the road. As a result of the failure to timely stop and failed to keep an appropriate lookout, a rear end collision ensued resulting in head and neck trauma to the victim. The victim had existing spinal injuries which were worsened due to the crash.

The case settled prior to trial.

Receiving Stolen Property, Utter a False Check, Larceny by False Pretense, Forgery of Check, Attempt to Commit a Crime

A Lowell man was charged with Larceny by False Pretense, Forgery of Check, Attempt to Commit a Crime, receiving stolen property and uttering a false check. He was alleged to have stolen jewelry, laptops, cell phones and power tools. Three of the five charges were dismissed outright and on the remaining two charges the defendant received a continuance without a finding.

Scientist Experiences Nerve Damage As a Result of MVA

A Burlington man operator was injured after a collision he experienced while traveling northbound on Fresh Pond Parkway, Cambridge, MA. The victim was an avid cyclist and was an outdoor enthusiast. His injuries left him unable to enjoy many of his life’s passions. After a great deal of time out of work, he was able to return but not in the same capacity and role. Due to nerve damage he could not resume doing the daily activities as a scientist he once did prior to the accident.

The case settled prior to trial.

Restraining Order Extension Request Denied

The petitioner was claiming that two new allegations of violations of the existing ordered had occurred. In spite of this, we successfully argued that the restraining order was not being used for its intended purpose of protecting the petitioner but rather as a tool of harassment by the petitioner against our client.

Request to extend the restraining order was denied.

Spinal Cord Injuries

How It Happened

Our 60-year-old client was enjoying a nice evening celebrating New Year’s Eve with some friends. He was driven home in a car by an intoxicated driver. The driver crossed onto the other side of the rode colliding head on with another car resulting in one fatality.

Injuries sustained from the accident

As a result of the accident our client sustained numerous broken ribs, a broken back and leg.

Struck by Intoxicated Driver

A Windham, new Hampshire woman was struck by an intoxicated driver who died as a result of the accident. The woman suffered severe neck, back and knee pain. The woman treated over the course of the next year and a half with physical therapists and acupuncturists.

The case was put in suit but settled prior to trial $53,500.00.

Trip and Fall – Pedestrian Accident

How It happened

Client, a school teacher enjoying a nice summer walk with her husband and their dog encountered a discarded couch partially obstructing the sidewalk. The placement of the couch violated local municipal by-laws.

Injuries sustained from the accident

In this case our client sustained a broken elbow resulting in a surgery and the placement of three permanent pins.

Trip and Fall – Restaurant Patron

How It Happened

Our client was a patron at a restaurant. While walking on an unlevel dirt and gravel pathway, leading into the restaurant she stepped on a protruding object that caused her to trip and rolled her foot in an inadvertent manner. She immediately noticed swelling and experienced significant pain and discomfort, resulting in a fracture to her right foot.

Injuries sustained from the accident

As a result of this accident, our client sustained serious injuries to her right foot, including a fracture to the base of her right fifth metatarsal. She was instructed to wear the boot for eleven weeks.

Vehicle Accident – Inclement Weather

How It Happened

Our client a 20 year old girl was a passenger in a motor vehicle accident where the operator went off the road due to inclement weather striking numerous mailboxes before coming to a stop.

Injuries sustained from the accident

As a result of the accident our client suffered some soft tissue damage as well as a broken ankle.

Vehicle Accident – Nasal Fracture

How It Happened

Our Client was the lawful operator of his motor vehicle traveling at a low rate of speed. An oncoming vehicle failed to stop at the stop sign colliding with our client’s front passenger side door. The vehicle collided with such force it caused our clients vehicle to cross into the opposite lane slamming into a telephone pole. Police responded to the scene.

Injuries sustained from the accident

As a result of the accident our client suffered significant injuries to his face and had to be evacuated to the hospital by ambulance. He was examined and treated in the Emergency Room for lacerations to his nose requiring sutures. X-rays were then taken resulting in a nasal fracture. He would require closed reduction surgery to repair the displaced nasal bone fracture on. He suffered permanent scarring and disfigurement was also at risk for nasal deformity and/or nasal obstruction.

Vehicle Accident – Rear Ended

How It Happened

Our Client was the lawful operator of a vehicle which sustained a rear end impact on Route 1, Saugus, Massachusetts. The vehicle was struck with such force, it collided into another vehicle. Immediately after the accident, our client began experiencing intense symptoms of neck and back pain.

Injuries sustained from the accident

As a result of this accident, our client sustained injuries and pain in his neck and back, severe headaches and difficulty sleeping. In addition, he also experienced pain in both upper shoulders, right and left medial upper thoracic region, and frequent occipital pain in his head region bilaterally.

His injuries also included spinal misalignment and decrease edema in the paraspinal musculature. Upon discharge from physical therapy, it was noted that his injuries have caused his muscles to heal with scar tissue weakening the normal tissue’s elasticity.

Vehicle Accident – Stop Sign

How It Happened

Our client was struck as the driver of another motor vehicle proceeded threw a stop sign without stopping and striking the car off our client. Our client was able to make a full recovery. We were able to recover all the clients medical bills, lost wages and pain and suffering.

Injuries sustained from the accident

As a result of the accident our client suffered an anterior cruciate ligament sprain.

Workers Compensation

An Atkinson NH man was hit in the parking lot of his employer while in the scope of his job duties. The victim was walking in a poorly lite parking lot and was knocked unconscious by another vehicle. As a result of the accident the victim was unable to work. The victim suffered fractures, left ankle sprain, rib fractures (5-9), and while hospitalized he developed hospital acquired pneumonia. Although he is much better he still has some ongoing problems. His injuries do not allow him to tolerate the physical demands of his job. As a result of the accident he is disabled due to the multiple injuries he sustained he cannot return to his job and has multiple limitations on what he can do physically which interferes with his daily life.

The case settled prior to trial.

Wrongful Death – Hit and Killed in Crosswalk

A Quincy woman was hit and killed in a crosswalk as she attempted to cross the street to make the commuter rail. The signal for the cross walk was not activated and the pedestrian was dressed in dark clothing. A thorough investigation was conducted of the scene and all witness. The woman was survived by her husband and two children.

The case settled prior to trial for the full liability policy.

Wrongful Death Case – Drowning

A husband and father died as a result of being overserved by the resort bar and negligent supervision and security by resort personnel. After a day of skiing our client went to the resort bar for a few drinks. Our client then accessed and used the hot tub after hours and was found deceased the next morning.

The mother and children were awarded a settlement.