Mazow|McCullough, PC Obtains Insurance Settlement Above and Beyond Available Insurance Limits

Mazow|McCullough, PC recently obtained a settlement from a Massachusetts Insurance Company beyond the available insurance limits.  Despite the insurer’s claims that it would only cover $20,000.00 of bodily injury insurance, Robert Mazow, Esq. was able to secure a settlement of $40,000.00.

On December 21, 2007, the client was operating her motor vehicle with due care on Route 1 in Chelsea, Massachusetts when she was struck by a motor vehicle operated by A.T.  The vehicle Mr. T was operating had been rented by J.P.  Mr. T. was operating a motor vehicle under the influence of intoxicating liquors and was driving without a valid driver’s license.

Suit was filed against both Mr. T. and Mr. P.  The lawsuit alleged that Mr. T. was operating negligently and that J.P. negligently entrusted the rental vehicle to Mr. T.

Mr. P’s Massachusetts insurance company claimed that Mr. P. did not give permission to Mr. T. to operate the rental car.  Claiming no-permissive use, the insurer reduced the available optional motor vehicle coverage from $100,000.00 to $20,000.00.

Discovery revealed that Mr. T. had been drinking intoxicating liquors at an establishment in Boston on December 21, 2007 and proceeded to drive a vehicle the wrong way on Route 1 North in Chelsea, Massachusetts.  Mr. T. crashed the vehicle into the client’s vehicle which was traveling in the appropriate direction on Route 1.  The client was removed from her vehicle with the “Jaws of Life” and was transported by ambulance to Massachusetts General Hospital for emergency treatment.

Mr. T. admitted to sufficient facts and was found guilty of all of the criminal charges except for Leaving the Scene of an Accident.  He was found responsible for the civil violation of Wrong Way Operation on a Highway.

Discovery revealed that Mr. P. was both independently and vicariously liable for the damages sustained by the client.  Mr. P. was independently liable for the client’s injuries due to the fact that he negligently entrusted the rental vehicle to Mr. T. when he knew or reasonably should have known that Mr. T. was unfit to drive.  Mr. T. and Mr. P. are brothers-in-law and, at the time the vehicle was rented as well as the date of the collision, lived at the same house in Saugus, Massachusetts.  Mr. T. had been at “Club 33” in Boston and was asked by Mr. P. to drive the rental vehicle to their home.  The roads were covered with snow which was falling and accumulating.  Mr. T. had been at “Club 33” for about two to three hours.  According to Mr. T., Mr. P. could attest to his condition when he left “Club 33”.  Mr. T. claimed in his answers to interrogatories that he drank only one beer, however, he informed the State Police that he drank two beers and one “Red Bull.”

Additionally, Mr. P. was vicariously liable for Mr. T’s negligence.  Discovery also revealed that at the time of the accident Mr. T was in the course of doing a single errand for Mr. P.  Under a theory of respondeat superior, Mr. P., in asking Mr. T. to perform an errand for him in his rental car, is vicariously liable for Mr. T’s tortuous conduct.

As a result of the negligence of both Mr. T. and Mr. P., the client sustained serious personal injuries.  From the collision scene, she was taken by ambulance to the Massachusetts General Hospital emergency room.  CT scans were taken of her chest and cervical spine.  She sustained trauma to her mouth and fractured a tooth.  She injured her head, back, abdomen, chest and neck and had severe headaches.  A chest x-ray revealed a pulmonary contusion and she suffered from asthma exacerbation.  She had severe pain in her sternum, right clavicle, neck and knee.

Mazow|McCullough, PC was able to secure $20,000.00 from the rental car and negotiated a settlement with Mr. P’s insurance company for an additional $40,000.00.  This was $20,000.00 more than the compulsory insurance coverage the insurer claimed was available.

—–

This client was kind enough to send a thank you card. Click here to see a copy. It reads:

“Thank you for your commitment and relentless efforts in finding a fair resolution to my case. I truly appreciate your honesty and will not hesitate to recommend you to any friends, family, or colleagues who may be in need of your services. You’re the best Rob! You kindness and that of your staff will never be forgotten.”

MAZOW|McCULLOUGH, PC SECURES JUDGMENTS AGAINST MASSACHUSETTS CORPORATION FOR SEXUAL ASSAULT OF THREE CLIENTS BY CORPORATION’S SUPERVISOR

Robert Mazow of Mazow|McCullough, PC of Salem, Massachusetts recently obtained judgments in Suffolk Superior Court on behalf of three clients against Naratoone Building Services and its employee.  The clients had been custodians at Swampscott High School in Swampscott, Massachusetts and had each been sexually assaulted by their supervisor.

The case initiated after one of the custodian’s sought advice from Attorney Mazow regarding her claim that she had been raped by her supervisor on school grounds.  She was too afraid to contact the police.  Attorney Mazow assisted her with making a complaint with the Swampscott Police Department.  Shortly thereafter, the supervisor was arrested.  Ultimately, he was convicted of sexual assault.  Click here for a copy of the newspaper clipping discussing his sentencing.

After his conviction, Mazow|McCullough, PC initiated a lawsuit against Naratoone Building Services and the supervisor.  The facts of the civil case are as follows:

In 2002, Swampscott contracted with Naratoone to provide janitorial cleaning services at its public high school.  Naratoone was in the building service profession since 1988, with headquarters in Boston, Massachusetts.  At the time of the contract with Swampscott, Naratoone boasted a workforce of approximately 60 employees.  Naratoone alleged that it provided a full range of commercial and industrial cleaning services for its clients in both the public and private sector.

The supervisor was a ten year employee of Naratoone and was given the job of Building Working Foreman at the Swampscott High School.  He had a criminal history which included assaultive behavior.  Despite the convictions on his record, he was allowed to work as Building Working Foreman at the Swampscott High School.

A. Claims of Cecelia

Cecelia is 44 years old and has nine children.  On or about August 30, 2004, the plaintiff, Cecilia, was hired by Naratoone to perform cleaning services at Swampscott High School.  On her first and only day of work, Cecilia was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things, forcible and non-consensual sexual intercourse.

Attorney Mazow obtained a judgment on Cecelia’s behalf in the amount of $250,000.00.  Click here for a copy of the judgment.

B. Claims of Rina

Rina is 23 years old.  On September 7, 2004, Rina began working for Naratoone as a cleaner at Swampscott High School.  On or about September 7, 2004, Rina reported to Swampscott High School and began training for her job.  While working at Swampscott High School, she was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things: grabbing her breasts and making sexual comments to her.

Attorney Mazow obtained a judgment on Maria’s behalf in the amount of $125,000.00.  Click here for a copy of the judgment.

C. Claims of Maria

On May 30, 2004, Naratoone hired Plaintiff, Maria, to be a cleaner at the Swampscott High School on May 30, 2004.  From June 2004 to September 2004, while working at Swampscott High School, Maria was subjected to a sexually harassing hostile work environment by the supervisor, which included, among other things: making unwanted sexual advances, touching her body and making sexual comments to her.

Maria did not report the supervisor’s behavior to anyone at that time because the supervisor told her that his son was in a gang and she was afraid for her safety.

Attorney Mazow obtained a judgment on Maria’s behalf in the amount of $25,000.00.  Click here for a copy of the judgment.

A wrongful death lawsuit in the state of Massachusetts is a claim brought on behalf of a loved one who was killed due to the negligence of another party and the family of that loved has the ability to pursue that claim, to be compensated by that responsible party for economic and non-economic damages. The person who was killed may have been the person relied upon for the income and part of the injuries and damages that the family is entitled to is that loss of future earning capacity.

The Role of a Massachusetts Wrongful Death Attorney

In the state of Massachusetts, wrongful death claims are typically pursued on a contingency-fee basis, meaning that the family members consult with and retain a Massachusetts wrongful death attorney attorney to investigate and gather information regarding that incident. Then the Massachusetts wrongful death attorney will give advice to the family about going forward and presenting that claim.

Massachusetts Wrongful Death Claims and Costs

All of the costs and expenses incurred in conducting that investigation and pursuing that claim are put forth by that attorney.

Ultimately, if the case is successful and there is a settlement or a judgment, that attorney is reimbursed for those costs. The family does not have advance any money in pursuit of a Massachusetts wrongful death claim.

Contact a Massachusetts Wrongful Death Attorney

Do you need legal advice on Massachusetts wrongful death claims? Contact a Massachusetts wrongful death attorney at Mazow|McCullough, PC. Our compassionate wrongful death attorneys offer a free legal consultation for families and loved ones.

Stores, Banks and Supermarkets:

• Wrongful death claim of 76 year old pedestrian hit by supermarket delivery driver
• Slip and fall claim against bank (defective sidewalk), broken foot
• Slip and fall claim on black ice in enclosed parking garage, fractured ankle

Taxi and Transportation Companies:

• Negligence claim of pedestrian hit by taxi cab, broken femur
• Negligence claim of driver hit by airport shuttle driver, broken humerous and femur
• Negligence claim of driver attempting to take left, facial scarring
• Negligence claim of 90 year old woman improperly strapped to wheelchair lift, broken ribs and lumbar fracture

Motor Vehicle Collisions – Massachusetts:

• Negligence claim where plaintiff was cited by police
• Negligence claim of driver struck in rear, no property damage
• Negligence claim where passenger in car broke a rib
• Negligence claim with soft tissue neck injury and chiropractic treatment
• Negligence claim with soft tissue neck and back injuries

Motor Vehicle Collisions – New Hampshire:

• Driver struck from behind at light, cervical disckectomy and fusion
• Driver struck at intersection, herniation, vertigo, lumbar stress fracture

Pedestrians, Bicyclists and Motorcyclists:

• Bicyclist struck, scar on thigh
• Minor struck crossing street, fractured wrist
• Pedestrian struck crossing street, strained knee
• Passenger on motorcycle, collision at intersection (despite no insurance for motorcyclist)

Defective and Dangerous Products:

• Drain cleaner explosion, facial scarring
• Dangerous toy, broken finger tip
• Foreign object in food

Sexual Harrassment and Employment:

• Minor harrassed by co-worker, inappropriate touching
• Worker verbally and physically harassed by co-worker

Medical Malpractice:

• Sponge left in abdomen after surgery

Bad Faith Claims and Violations of M.G.L. Chapter 93A:

• Bad faith claim against insurer for failure to pay for stolen motorcycle; verdict plus attorneys fees

Expert Testimony:

Attorney Kevin J. McCullough has been retained on dozens of cases as an expert witness to provide an opinion on various insurance companies’ policies, procedures and claims handling practices. Recently Attorney McCullough testified in the Salem Superior Court as an expert witness before the Honorable J. Lowey. Attorney McCullough was retained by the plaintiff in that case in an action against a Massachusetts automobile insurance company. The plaintiff alleged that the insurer had violated the consumer protection statute and committed unfair claims handling practices. Based upon Attorney McCullough’s expert opinion the judge found that the insurer/defendant had violated the consumer protection statute and acted outside of the scope of insurance industry standards.

Mazow/McCullough, PC Secures Insurance Coverage and Obtains Settlement for Minor Plaintiff Attacked by Pit Bull Breed Dog

The minor plaintiff was 11 years old at the time of the incident.  The owner of the dog was incarcerated at the time of the attack and the dog was being cared for by the dog owner’s parents.  The dog got loose at the defendants’ property and chased and attacked the boy.  Ultimately, he suffered a fractured wrist and numerous puncture wounds and lacerations to his arms, legs, torso and head.  The injuries required in-patient hospitalization for several days.  The treatment following discharge was limited to ensuring that the wounds stayed clean and were properly cared for.  The minor suffered permanent scarring to his arms and legs due to the extent and size of the bite marks.

The keepers of the dog were pursued and stated pre-litigation that they did not have insurance coverage for the dog.  Plaintiff counsel discovered that the keepers of the dog signed documents under the pains and penalties of perjury when the dog was surrendered to the MSPCA that they were the “owners” of the dog.  Plaintiff counsel filed suit against the owners of the dog as evidenced by the documents obtained by Plaintiff counsel.  A default was entered against the defendants and an attachment was entered as to their residential property.  Following that hearing Plaintiff counsel further uncovered insurance for the defendants’ property and secured coverage for the incident.  After coverage was confirmed the parties assented to remove the default and conduct discovery.

Following limited discovery the case settled for $450,000.00.  The settlement was two years post incident and at that time the minor plaintiff was 13 years old and fully participating in youth activities, including playing on the local football team.  The medical specials were in excess of $75,000.00.  Plaintiff counsel negotiated and was able to have any and all liens waived.