Kevin McCullough’s settlement in the Newburyport Superior Court has recently been published by Massachusetts Lawyers Weekly. Click here to see a copy of that report.

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.

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.

Mazow/McCullough, PC Obtain Settlement For Young Woman Due to a Retained Foreign Object Left After Surgery

On May 4, 2004, the plaintiff, age 18 at the time, underwent an elective laparoscopy and lysis of adhesions at a hospital in Haverhill, Massachusetts.  The procedure began as a diagnostic laparascopy and during surgery was converted to a laparatomy.  Two nurses allegedly made the initial sponge count, and a different nursing team allegedly made the first and second close count.  The surgeon was allegedly notified that the sponge count was correct.  Over the next several months, the plaintiff developed complications.  She had frequent night sweats, abdominal pain, consistent fever and weight loss of around ten pounds.  In early 2006, she developed a lump in her groin.  Nearly one year after the surgery a CT scan revealed a collection in the mid-lower abdomen consistent with an abscess and a foreign body consistent with a surgical sponge.  Surgery was ordered immediately and she was admitted to the hospital and operated on that same day.  During the surgery, a laparotomy pad/surgical sponge was found soaked with a bilious colored greenish material and removed.  Cultures taken of the laparotomy pad revealed infections of klebsiella, oxytocin, enterococcus faecalis, enterococcus faecium and bacteriodes ovatus.  The abscess was irrigated which revealed two cavities.  Large soft sump drains were placed in the abscess cavities and passed through separate stab wounds in the abdominal wall.  An attempt was made to protect the adjacent small bowel by passing the tube through a portion of omentum and tucking the omentum into the abscess cavity so that there would be no contact between the small bowel and the sump drains.

Postoperatively, the plaintiff remained at the hospital until April 19, 2005 when a repeat CT scan of the abdomen was conducted to assure that no further abscess remained and that there was no evidence of small bowel leak.  On April 20, 2005, the drains began producing copious amounts of small bowel contents which indicated an abnormal opening in the intestine in communication with the drain and the skin.  Due to the high output, a second surgery was recommended.  At this point, the plaintiff requested a second opinion and asked to be transferred to the Massachusetts General Hospital.  The plaintiff was admitted to Massachusetts General Hospital on April 23, 2005 and ultimately required another surgery.  The surgery consisted of an extensive lysis of adhesions, small bowel resection and repair of enterotomy.  She also had an appendectomy because the appendix contained a fecolith which was thought to potentially dispose her to appendicitis in the future.  Furthermore, she had 15 cm of small bowel removed.  She remained at Massachusetts General Hospital until June 15, 2005 when she was discharged.

A lawsuit was filed against the hospital, the three nurses involved in the sponge count and the original surgeon.  The nurses all denied that they made an error in the sponge count.  However, during discovery, Mazow/McCullough obtained a copy of the Operating Room Nurse’s Notes which revealed that a team of different nurses participated in the initial sponge count and the final sponge count.  This was a deviation from the protocols established by the hospital and a violation of standard nursing procedures.

Click here to view the nurse’s notes.

Mazow/McCullough, PC was able to obtain Summary Judgment in regards to liability on behalf of its client.  Shortly after Summary Judgment was obtained, the insurer for the hospital offered to mediate the case and the matter was settled for $535,000.00.

This settlement was featured in Lawyer’s Weekly. Click here to view the article.

Dorchester District Court Judge Cites Expert Testimony of Kevin J. McCullough, Esquire in Finding that Commerce Insurance Company Violated the Consumer Protection Act, G.L. c. 93A

On March 20, 2009, Kevin J. McCullough, Esquire of Mazow/McCullough, PC testified at trial before Judge Sydney Hanlon in the Dorchester District Court.  Attorney McCullough was retained by the plaintiff, Arelis Beato to provide an expert opinion as to the investigation and claims handling practices of Commerce Insurance Company in regards to Commerce Insurance Company’s handling of Plaintiff’s first party Personal Injury Protection (“PIP”) claim.  Judge Hanlon cited to and referenced Attorney McCullough’s expert opinion in the Court’s written Findings of Fact and Conclusions of Law regarding the decision.  Based upon Attorney McCullough’s testimony the Court found that Commerce Insurance Company had in fact violated G.L. c. 93A (The Consumer Protection Act) and ordered that Commerce Insurance Company pay attorney fees in the amount of $20,000.00 and costs incurred by Plaintiff.

To read more about this case, please click here.

On July 12, 2007 Justin Crow was stopped in traffic on Route 114 in North Andover, Massachusetts. The two vehicles behind him collided and the car directly behind Mr. Crow violently collided into the rear of his vehicle. Mr. Crow’s seat snapped and he was pushed off of the road. Mr. Crow suffered neck and back injuries and was out of work for several months due to the collision. Despite the fact that the insurance companies of the two cars behind Mr. Crow’s vehicle both agreed that Mr. Crow did nothing to cause or contribute to the collision, neither company made any offers of settlement. Even after Mr. Crow filed a lawsuit and extensive material and discovery was exchanged between the parties involved, no settlement offers were extended to Mr. Crow to compensate him for his injuries. A few days before the trial date the insurance company offered to settle the case with Mr. Crow in exchange for a payment of $20,000.00. Mr. Crow rejected the unreasonably low settlement offer. On October 23, 2009, after a one week trial the Newburyport Superior Court jury returned a verdict for Mr. Crow in the amount of $75,253.17, plus interest and costs. Mr. Crow’s post trial motions for costs and expenses are still pending.

Justin Crow vs. Galina Zhevakin and Martin D. Johnson
Newburyport Superior Court Civil Action No.: 2007-01981B