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Recent Settlements

$600K Awarded to Pedestrian Struck by Vehicle

Settlement:  $600,000 for fractured skull and head injury

FACTS:

Plaintiff was standing at a trolley stop and waiting in the designated area.  The defendant motor vehicle operator veered from the roadway and struck Plaintiff, throwing her several feet into the air and onto the trolley platform.  Witnesses obtained the vehicle information of the negligent motorist and Mazow|McCullough, PC filed a lawsuit to recover damages for Plaintiff who suffered a fractured skull and head injury.

SETTLEMENT:

Mazow|McCullough, PC obtained a settlement for Plaintiff before trial in the amount of $600,000.00.

$200K Awarded to Passenger in Automobile Collision

Settlement:  $200,000 for severe injuries in two-car collision

FACTS:

The passenger in a two-vehicle collision suffered severe injuries requiring hospitalization.  Plaintiff was a passenger in a car that took a left-hand turn in front of a second vehicle.  The insurance carrier for the car that Plaintiff was a passenger in ultimately offered its insurance policy limit to the Plaintiff in the amount of $100,000.00.

Based upon the impact and extent of Plaintiff’s injuries, Mazow|McCullough, PC filed a lawsuit against the second vehicle driver as it appeared that the second vehicle was traveling at an unsafe speed and also contributed to the collision and injuries.

After fighting with both insurance companies for almost two (2) years Mazow|McCullough, PC secured an offer of settlement from the insurance company for the second vehicle in the amount of an additional $100,000.00.

SETTLEMENT:

Locating and ultimately obtaining the additional insurance coverage brought a total recovery to the client in the amount of $200,000.00.

$140K Awarded for Motorcycle Accident

Settlement:  $140,000 for fractured clavicle and pelvis

FACTS:

The Plaintiff suffered a fractured clavicle and fractured pelvis when the driver of a motor vehicle attempted an improper U-turn without looking.  The insurance company attempted to blame the motorcyclist and alleged that he was traveling at an excessive rate of speed.  This argument was quickly extinguished after Mazow|McCullough, PC filed a lawsuit against the driver of the car and its owner and questioned the defendants in the lawsuit.  The plaintiff made a quick recovery from his injuries and had limited medical treatment beyond the initial hospital visit.

SETTLEMENT:

Mazow|McCullough, PC obtained a settlement for this client in the amount of $140,000.00.

Man in Wheelchair Dropped by Ambulance Personnel Settles for Confidential Amount

Settlement:  Loss of consciousness and collar bone injury

FACTS:

The client was a double amputee and required the use of a wheelchair for mobility.  He called a local ambulance company for assistance so that he could be carried into his house.  Instead of using a proper stair carrier to get him into his house, ambulance personnel attempted to carry the client in his own wheelchair up the front stairs.  The ambulance personnel lost control of the wheelchair and dropped him down the stairs.  The client hit his head and suffered brief loss of consciousness and also sustained a collarbone injury.

SETTLEMENT:

The case settled without filing suit against the ambulance company as a result of their improper and dangerous carrying technique.

Slip and Fall Settles for Confidential Amount

Settlement:  Traumatic brain injury

FACTS:

The plaintiff, a teacher’s aide, was working part-time at a local store.  When she went to retrieve some stock in the storage room, she fell into an open trap door.  The trap door, which was located in the floor, was unknown to the plaintiff as it had always been covered by a small rug. The plaintiff fell approximately ten feet to the basement below.  She sustained a minor traumatic brain injury.  The plaintiff brought suit against the property owner for failure to provide any warnings that the trap door was open in the floor.

SETTLEMENT:

After nearly three years of litigation, the case was settled for a confidential amount.

$225K Awarded for Dog Bite to the Face

Settlement:  $225,000 for permanent, painful and disfiguring scarring

Facts:

The plaintiff, a 49 year old woman, was invited to the defendant’s home to watch a New England Patriots game. While sitting on the floor and engaged in a conversation with defendant’s daughter, she was bitten in the face by defendant’s. The bite left a jagged scar on left cheek and left eyebrow.  Despite plastic surgery, plaintiff has been left with a permanent and disfiguring scar, as well as continual pain.

Issues:

Statutes impose strict liability upon dog owners for damages occasioned by their dogs unless there is a trespass or other tort. Defendant alleged plaintiff must have provoked or startled the dog. Defendant’s dog was described as “aggressively affectionate” and will “assert herself” when trying to regain attention, including one incident when the dog lunged at a child visiting the home. Despite knowing this, the defendant failed to warn plaintiff not to sit on the floor while the dog was present.

Settlement:

The case was settled at mediation for $225,000.

$100K Awarded in Motor Vehicle Crash

Passenger injured when driver lost control of car

Facts:

23 year old male client was a passenger in a single car motor vehicle crash caused by the driver “joy riding,” who lost control of the vehicle.  The driver hit a guard rail causing the vehicle to flip. Client sustained a fracured nose nad ribs, colllapsed lung, fractured left hip.

Settlement:

The case settled for the auto insurance policy limits of $100K.

$40K Awarded When Apartment Porch Collapsed

Settlement:  $40,000 for landlord’s failure to maintain deck

Facts:

While exiting his apartment to go to the mailbox, the porch gave way causing the 53 year-old plaintiff tenant to fall. Plaintiff sustained a right medial and lateral meniscus tear. After failed attempts to treat the injury conservatively, plaintiff  underwent arthroscopic surgery to repair the knee, followed by physical therapy.

Issues:

Landowners have a legal obligation to maintain their property and keep them safe and hazard free. Landlord defendant claimed at deposition he thought the wood decking was in fine shape and there were no defects. Landlord also indicated he had been to the property on numerous occasions prior to the date of the accident and was familiar with the condition of the property. However, photos and exhibits make it clear the wood decking was rotted, had only been partially replaced and created an unsafe condition.

Settlement:

The case settled for $40,000.

$30K Awarded for Injury on Public Transportation

Settlement: $30,000 for injuries sustained on public transportation

Facts:

Client, a 73 year old woman, boarded public transportation. Just as she was about to sit down, the train began to jostle from side-to-side, followed by a sudden stop. During this stop, the client fell and was injured. She was transported to the hospital for emergency room treatment. She sustained an impacted fracture of the wrist requiring surgery and occupational therapy.

Settlement:

The case was settled at mediation for $30,000.

$450K Awarded in Dog Bite Injury Case

A 15-year-old boy was at a neighbor’s home. Without any warning or provocation, the neighbor’s Pit Bull/Mastiff mix viciously attacked the boy causing severe and permanent injuries. The boy’s injuries include a fractured hand and wrist, bites and lacerations to the head, face, legs, arms, and chest area. The bites and wounds required several hundred stitches. The boy was hospitalized for several weeks and many of the wounds remained open and exposed “to the bone” during the initial healing process. The boy continues to suffer physical limitations due to the attack, permanent scarring and also severe emotional trauma.

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