Recent Cases Reported in Mass Lawyers Weekly
These are cases which have been reported only since 2004.
Ladder Gives Way While Being Used
Plaintiffs: Vendor Knew Of Problem With Bolts
$1.35 Million Settlement
On July 19,1998, the plaintiff suffered a severely herniated lumbar disc as a result of a fall from a ladder, produced by the defendant ladder manufacturer, which had been purchased at the defendant home improvement store the prior April.
The 16-foot Multimatic ladder, which could be configured in a variety of positions, was in the extension position when it gave way at the lowest joint. The 32-year-old plaintiff was propelled approximately 10 feet onto his legs and lower back.
The plaintiffs consisted of the injured husband, his wife and their two minor children. Suit was filed against the manufacturer and retailer alleging negligence, strict liability and Chapter 93A violations...Read more.
Construction worker’s finger crushed in ceiling collapse
Published: February 16, 2009
$500,000 settlement
The plaintiff was injured when the shoring of a load-bearing wall failed, causing a sudden collapse of the ceiling and trapping his hand between a large ceiling beam and the wall below.
According to the plaintiff, evidence showed that the defendant failed to erect proper shoring for the job by not obtaining an engineer's drawing and not determining the weight of the ceiling or the shoring capacity of the equipment used.
An engineering survey, required by Massachusetts Building Code and OSHA regulations, had been undertaken for a previously demolished external wall, but not of the subject wall...read more.
Bicyclist struck in intersection sustains fracture
Decreased mobility results in loss of muscle mass, limp
$500,000 settlement
The 49-year-old plaintiff was riding her bicycle across an intersection when she was struck by a corporate vehicle.
The plaintiff suffered a Grade 1 open fracture of the left midshaft tibia and fibula, requiring surgery to implant a locking nail-and-rod mechanism into the length of the tibia as well as a screw into the left medial malleolus for stabilization.
She remained an inpatient for 21 days, including stays in the hospital and at a rehabilitation facility...Read more.
Collision leaves motorcyclist with multiple injuries
Renal-disease diagnosis a hurdle in plaintiff's case
$475,000 settlement
The 45-year-old plaintiff was injured when his motorcycle was rear-ended by a commercial van while he was stopped at a red light.
The plaintiff suffered a burst fracture of the T12 vertebrae and a wedge-compression fracture of the L1 vertebrae. As a result of the fractures, the T12 vertebrae suffered a loss in height of 50 percent, and the L1, 20 percent.
The plaintiff was treated with physical therapy for seven months after the accident but was unable to continue due to a busy work schedule...Read more.
Plaintiff Awarded $430,000 After Motor Vehicle Collision
No medical treatment was received after a brief inpatient hospitalization. The bleed resolved with seemingly no long term effects. Plaintiff's treating doctor cleared him for all work related activities within two months of the accident...Read more.
Driver Struck By Oncoming Vehicle On Icy Road
$450,000 SettlementThe 66-year-old plaintiff was driving her vehicle when it was struck by an oncoming car that had veered into her lane.
The 17-year-old defendant driver maintained, and witnesses corroborated, that she had skidded on a patch of ice on a road that had yet to be sanded or plowed.
The defendant's father was also named as a defendant, but solely in his capacity as owner of the vehicle pursuant to G.L. c. 231, Sect. 85A.
Defense counsel argued that it was well-established that the mere fact of skidding did not create liability. In rebuttal, plaintiff's counsel pointed to other citations suggesting that skidding may be caused or accompanied by negligence...Read more.
School librarian injured in passenger-van accident
Expert says plaintiff could require additional surgery$395,000 settlement
The 54-year-old plaintiff, a part-time assistant librarian at a university, was a passenger in a van that serviced the university employees but was not owned by the university. The van was involved in a two-car accident in January 2005, in which the plaintiff sustained a four-part comminuted fracture of the major proximal humerus.
She underwent surgery, in which a plate and 10 screws were inserted for stabilization.
After a few months, the plaintiff returned to her part-time job at the university but could not return to her second part-time job. She continued to be symptomatic from the fracture, with an AMA impairment rating of 24 percent of her right upper extremity and 14 percent of the whole person...Read more.
Closed Head Injury After Bicycle Collides With Truck
Plaintiff Was On Back Of Friend's Bike; Grades Declined After Accident$240,000 Settlement
On Nov. 21, 1998, the 13-year-old plaintiff was a passenger on his 12-year-old friend's bicycle. As the bicycle entered a main street in Braintree, it was allegedly struck by a pickup truck operated by a driver who was the sole stockholder of the corporate vehicle.
The plaintiff lost consciousness briefly at the scene. Thereafter, he was combative and dream-like. The minor plaintiff was brought by ambulance to the emergency room department of the Quincy Hospital. A CT scan was negative for intracranial injury. He was released that day. During the night he vomited and his parents brought him back to the hospital where a repeat CT scan was also negative...Read more.
Motorist sustains ankle fracture in collision
$180,000 settlementThe plaintiff was the passenger in a vehicle, insured with $20,000 in coverage, which struck a vehicle turning left; the latter vehicle with a $250,000 policy.
The plaintiff suffered a comminuted ankle fracture, which was reduced in the emergency room. She underwent a course of physical therapy and had completed active treatment within seven months of the accident.
In an evaluation conducted by Dr. George Theodore, a foot/ankle specialist at Massachusetts General Hospital, the plaintiff was referred for an MRI, which showed the development of post-traumatic arthritis. The interpretation was corroborated by an orthopedic radiologist retained by the plaintiff, Dr. Kris Gupta of Rhode Island...Read more.







