Recent Recoveries
Marsha Alban obtains award of $245,000 on Slip & Fall case
At an arbitration hearing, Attorney Marsha Alban successfully received an award of $245,000 for her client, a mail carrier. The postal worker had cut across the lawn of one property and was intending to deliver the mail to the abutting premises when she fell over two wooden "railroad" ties that lay on top of each other.
Not only did the arbitrator find negligence against the landowner, he found no comparative negligence on the postal worker. This was an unusual and an impressive finding. Insurers usually expect that the plaintiff will be found partially at fault for a fall down accident and they negotiate accordingly.
The plaintiff had a cervical fusion with a bone graft followed by physical therapy.
The arbitration decision was made by a retired Massachusetts Appeals Court Judge who also served on the Superior Court.
Burns on Premises
*Please note this list is limited by issues of confidentiality
An epileptic male who had failed to take his Dilantin suffered a seizure and fell against an exposed steam heating pipe. In the course of numerous depositions, the several defendants blamed each other for failing to cover the exposed pipe, which reached temperatures above 212 degrees or the point at which water boils and steam is created. A recovery of $545,000, Suffolk County was obtained despite the plaintiff having failed to take his medication.
The plaintiff was the father of a 7-year old girl who lit a candle that caught fire while the father was sleeping in a nearby bedroom. The daughter was rescued but the father sustained severe burns to his back. Despite the potential finding of comparative negligence against the father, a recovery of $450,000, Suffolk County was obtained as two experts retained by Feinberg & Alban, P.C. established that the fire alarm control unit had failed in the building.
An 8-year old boy sustained a sulfuric acid burn when playing with a drain cleaner left by a maintenance worker in an apartment complex. The child suffered second-degree burns to the forearm and thighs and was left with keloid formation on the right thigh. Two burn specialists and a child psychologist evaluated the plaintiff. The case settled for $350,000, after mediation but before the court process had begun as it was established that the maintenance worker clearly disregarded the warnings on the product.
Motor Vehicle Accidents
*Please note this list is limited by issues of confidentiality
A 44-year old man, employed by the telephone company, was struck head-on while driving on the job. The plaintiff had to be extricated from the vehicle by the jaws of life and sustained a severe ankle fracture. The case was mediated shortly before the trial and settled for $675,000, Middlesex County, a figure which was obtained even though the plaintiff never underwent a fusion of the ankle as had been expected. Feinberg & Alban, P.C. hired an accident reconstructionist, a meteorologist (who disputed the defense contention that their driver was blinded by the sun), a physiatrist and two orthopedic surgeons.
A 31-year old woman was crossing the street in Boston and not in a crosswalk when she was struck by a Volkswagen which carried only the minimum limits of insurance coverage. However, investigation revealed that the driver, though operating his own car, was intending to pick up the mail for a local television station when the accident occurred. This provided a significantly larger insurance policy. Despite an unfavorable police report which described the client as "running" across the street, it was established by Feinberg & Alban, P.C. after numerous depositions that the driver was in the process of taking a U-turn, was late in picking up the mail, had a history of being late at the television station, and was operating on a revoked license. These factors contributed to a $410,000 settlement on the day of the trial, Suffolk County, for the plaintiff's tibia fracture.
The plaintiff, a 34 year old delivery driver, was struck at an intersection and rolled over in his jeep. Despite the seriousness of the collision, the injuries consisted of muscle strain and a bulging disc at L4-5. The defendant, through its insurance company, hired an orthopedic doctor to review the plaintiff's records and to conduct a medical examination. The doctor filed a report pursuant to M.G.L.c. 233, 79G. The plaintiff's attorney took that doctor's deposition. The doctor was forced to admit that his report focused on the wrong disc space. The case settled shortly thereafter for $285,000 in Middlesex Superior Court.
Fall Down
*Please note this list is limited by issues of confidentiality
A 53-year old electrician was descending steps in a basement where he had been working. The plaintiff was familiar with the steps and knew that a tread was missing on one of the stairs. He fell while descending and suffered a rotator cuff tear of his left (minor) shoulder. The Homeowner's insurer paid its full coverage of $300,000.
A 74-year old woman fractured her left (minor) shoulder as a result of a fall over a single step/platform as she was entering a store. With the help of a professional engineer, Feinberg & Alban, P.C. was able to show that the step/platform located in the entrance way was hazardous and, moreover, a single step in itself is inherently dangerous. The plaintiff underwent open reduction and internal fixation (i.e. the insertion of a plate and screws for fracture stabilization) and the case resolved for $285,000, Norfolk County.
