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Emergency Line
24 Hours a Day
(978) 995-1122
Lowell Office
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Lowell, MA. 01852
Tel. (978) 452-7100
Fax (978) 452-3278
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PERSONAL INJURY VERDICTS AND SETTLEMENTS
$750,000 Won for Salesman Injured in Car Accident During Work
Plaintiff counsel was first retained on June 18, 2009 to represent a forty one year old married, father of three HVAC salesmen stemming from a car accident which occurred on March 23, 2009. The plaintiff was the belted operator of his vehicle traveling south. The Defendant was traveling north in his Jeep. The Defendant for no apparent reason crossed over the center line striking the Plaintiff’s vehicle head on. The Defendant died at the accident scene as a result of the collision. As a result of the accident the plaintiff suffered a dislocated left hip, fractured left forearm necessitating internal fixation and a fracture of the right orbit necessitating additional surgical repair. The Plaintiff was an in-patient at a hospital for two weeks following the accident and remained in a rehabilitation hospital ten days thereafter. The plaintiff incurred roughly $169,000.00 in medical bills and collected $15,500.00 in indemnity benefits from the worker’s compensation carrier having returned to work part time only four months after the accident and full time with no restriction six months following the loss.
Bratton and Springer filed a detailed demand against the Defendant seeking the voluntary payment of the one million dollars coverage readily available on the date of loss, asserting that the Defendant was negligent in the operation of his motor vehicle and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant Insurer did not contest liability but argued that the Plaintiff had a remarkable recovery following the accident, having returned to work in his previous capacity.
Six weeks after being retained, Bratton and Springer successfully obtained a settlement for their client in the sum of $750,000.00 with the Defendant Insurer, having the Worker’s Compensation Insurer agree to pay the next $30,000.00 in medical expenses before they begin to appreciate their Hunter v. East Cost Transportation Holiday.
Bratton and Springer Win 2.5 Million
for Client in a Wrongful Death New Hampshire Lawsuit
United States District Court of New Hampshire (No. 1:07-CV-3248-JL)
On February 14, 2007, a heavy snow storm moved through the Northeast, lasting much of the evening and stopping around midnight. The following morning on February 15, 2007, prior to 7:00 a.m., the Plaintiff, a twenty-seven year old nursing student was the operator of a vehicle traveling south in the right lane of Route 93, in the vicinity of Exit 4, in the State of New Hampshire. Her six year old son was properly restrained in a child seat in the rear of her vehicle. The Defendant was a long distance hauling company from Quebec, Canada, operating a tractor trailer with an attached flatbed loaded with palettes of plywood. As the Defendant attempted to pass the Plaintiff his truck began to jack-knife, dragging the Plaintiff’s vehicle along the roadway and guardrail a distance of approximately two football fields. As a result of the impact the Plaintiff suffered various injuries including a fracture of her right femur and hip, incurring approximately $100,000.00 in medical bills. Her son was tragically killed in the loss.
Bratton and Springer filed a lawsuit against the Defendant, asserting that he was negligent in the operation of his tractor trailer and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant contended that he was not negligent in the operation of his tractor trailer. Moreover, the Defendant argued that the State of New Hampshire and the Department of Transportation were negligent in the maintenance of the subject roadway in failing to properly sand and salt. The Defendant subsequently filed a third party complaint against the State of New Hampshire. Throughout the handling, the Defendant, through its insurance company, made offers only as high as $700,000.00 to resolve the case amicably.
Three weeks prior to trial at a non-binding mediation before the Honorable Robert Morrill, Bratton and Springer successfully obtained a settlement for their client in the sum of Two Million Five Hundred Thousand Dollars.
Attorney Bratton Wins $3,000,000 Settlement for Client
The plaintiff, a forty-five year old computer programmer, was a patient of the defendant OB-GYN since 1978, receiving routine care and treatment. In 1998 she underwent tubal ligation without incident. In 2002 she presented to the OB-GYN with symptoms involving heavy and frequent menses, dizziness, fainting and vaginal pain. Pelvic ultrasound revealed a 3.3 cm uterine fibroid. A hysteroscopy and biopsy did not show malignancy. Nonetheless, a total hysterectomy was performed in 2002 during which the plaintiff’s ovaries appeared normal. In June of 2003 plaintiff saw the defendant OB-GYN because of pelvic pain and an ultrasound was performed. The ultrasound was not read by the defendant hospital for over one year, nor did the defendant doctor follow-up on the status of the ultrasound. The plaintiff called the doctor during the year and was told several times by staff that the film was “in the hands of the hospital” and that “no news is good news.” By coincidence and inadvertence, a radiology technician of the defendant hospital found the film and it was read by a radiologist who saw Stage I cancer of both ovaries. The defendant doctor was notified that the film had been found and of the apparent cancer. Defendant doctor ordered CA-125 exams that showed enormously high readings evidencing ovarian cancer. An urgent care referral was made by the defendant doctor to a specialist, who continues to treat the plaintiff for Stage III ovarian cancer. The plaintiff’s experts determined that, had the ultrasound been read when it was performed and not one year later, the plaintiff’s cure rate would have been about 80 percent. Now her life expectancy is a maximum of five years. Counsel for the plaintiff made formal written demand of the defendants March of 2006. Suit was filed in June of 2006 and the case settled in September of 2006. The plaintiff was never told that a wrongful delay in diagnosis had occurred. Rather, when the plaintiff spoke with counsel about an unrelated legal matter, she expressed doubts and concerns of the quality of care provided by the defendant doctor. Counsel obtained her medical records, and discovered a confidential internal memo from the director of the defendant hospital to the defendant doctor advising that the hospital had forwarded the matter to its liability carrier, directing the doctor to do the same. But for this unusual chain of events, it is possible that plaintiff would have never discovered the malpractice, nor brought a claim. Plaintiff reached a settlement with the insured in the amount of $3,000,000.00.
Client Assaulted and Attorney Obtains $45,000 Settlement Within 4 Months
Client was a 53 year-old divorced, unemployed handyman. He attended a well known bar and pool hall in Cambridge, Massachusetts with friends. While inside, a patron had approached the clients female companion and had made unflattering comments. Words were exchanged to the effect of "mind your own business". When the client was exiting the bar later in the evening this same patron smashed a beer bottle over the clients right eye, fracturing his nose and orbit, which necessitated twenty-five stitches. The client treated medically on two occasions and incurred $6,355.18 in medical bills. Our office successfully brought a claim against the bar for negligent service of alcohol to the assailant and within four months of handling, was capable of obtaining a settlement for the client in the amount of $45,000.00.
$100,000.00 Settlement for Man Injured in Hit-and-Run
Attorney Bratton attends cookout for a group of clients he represents. At the party, Bratton meets a man who was struck by an automobile while he was a pedestrian, nearly severing his leg. The man had retained another attorney two months earlier who did not return clients phone calls nor prosecute his claim for damages. Two days after the cookout, the client came to the offices of Bratton & Springer and discharged his prior lawyer. Within two weeks Attorney Springer recovered a settlement of the maximum insurance available of $100,000.00.
Motorcyclist Struck by Another Rider Awarded Settles for $175,000
The Plaintiff, a fifty-four year old printer, was idling his motorcycle in stop and go traffic on or about June 14, 2003 on Route 3 southbound in Laconia, New Hampshire during bike week. The Defendant lost control of his motorcycle, striking the Plaintiff's right leg with his front tire. The Plaintiff sustained $748.45 in property damage. The defendant contended that he was not at fault for this loss. Moreover, that the Plaintiff grossly exaggerated his treatment and the necessity thereof. Through further negotiations with the insurance company, the case resolved for $175,000 at a private mediation.
Motorcyclist Injured When Forced to Stop Suddenly Settles for $160,000
On March 28, 2006 the Plaintiff a 43 year-old pressman for the Boston Herald, was attempting to merge onto Storrow Drive, westbound. The plaintiff struck the vehicle in front of him in the rear fender, causing him to be propelled on the roadway. The Plaintiff asserted that the Defendant vehicle stopped suddenly in her attempts to merge onto Storrow Drive when there was no need to do so, causing the Plaintiff to rear-end her. The Defendant denied she was negligent contending she never stopped her vehicle, but rather she was merely slowing down as she was yielding to other vehicles already on Storrow Drive. The Plaintiff dislocated his right shoulder and fractured his right hip necessitating surgery with a conservative course of physical therapy thereafter. The Plaintiff returned to work less than one year following the loss. Through negotiations with the insurance company the case settled for $160,000 prior to trial.
Woman Injured in Motor Vehicle Accident Wins $300,000 Settlement
On June 12, 2003, the Plaintiff, a 41-year-old office manager was operating her vehicle on route to work proceeding through an intersection when she was struck by the Defendant vehicle. The Defendant was cited for failure to stop for the posted signal he was faced with. The Plaintiff sustained a left ulnar fracture, rotator cuff tear and elbow dislocation necessitating surgical repair, incurring $69,000.00 in medical bills. She was deemed totally disabled for nine weeks. The most helpful witness was the Plaintiff’s primary physician who provided a detailed narrative. Less than one year following the loss the Plaintiff reached settlement with the Insured for the sum of $300,000.00.
Pedestrian Struck by Speeding Car Settles for $325,000
The subject accident occurred on February 28, 2003, at approximately 1:30 p.m., at the intersection of Market Street and North Beacon Street, in Brighton, Massachusetts. The Plaintiff was attempting to cross the street when he was struck by the Defendant's vehicle. At the time of the accident, the sixty-six year old, married, male Plaintiff suffered from schizophrenia, depression, developmental delay, hypertension, was hard of hearing, and had poor vision due to glaucoma. The Plaintiff was struck by the Defendant vehicle when he was in the crosswalk although it was posted at the time, "Do Not Walk". The Defendant proceeded through the intersection with the green light as verified by non-biased witnesses at the accident scene. The Plaintiff claimed that the Defendant failed to operate her vehicle at a safe and reasonable speed and that she failed to yield to the Plaintiff pedestrian, albeit he was proceeding through the crosswalk when posted not to do so. The Plaintiff suffered lacerations to his left eyebrow extending to the bridge of his nose, abrasions to his hands and knees, and a right femur fracture requiring surgical repair. The Plaintiff's experts contended that the pre-existing conditions of schizophrenia suffered by the Plaintiff prior to the accident were dormant and in control, and although no closed head injury occurred per-se, the trauma sustained to the Plaintiff's body exacerbated his dementia. The Plaintiff reached an amicable settlement with the Defendant for $325,000.000.
Partygoer Hurt by Homeowner's Fireworks Wins $125,000 for Injuries
On July 4, 2004, the Plaintiff, a 39 year old male attended a party at the Defendant’s home. The Defendant had constructed a steel cylinder device to shoot off fire works and had done so with other partygoers prior to the Plaintiff’s injury. Thereafter, the Plaintiff attempted to light the device on his own and it exploded prematurely blowing off his index and middle finger and fracturing his wrist. The Plaintiff brought a claim against the home owner contending he was negligent in creating a dangerous and defective device and by his failure in warning against its dangerous propensity, demanding full payment of the home owner’s bodily injury limits of $300,000.00. The Defendant argued that the Plaintiff, who was found to be intoxicated at the time of the loss with blood work showing he was over tow times the State’s legal limit, would be barred from recovery due to his comparative negligence as he assumed the risk and danger was open and obvious. Through negotiated agreement the parties reached a settlement five months after the incident for $125,000.00
Bar Patron Injured in Fight Wins $80,000
On October, 27, 2001, the Plaintiff, a 36 year old male attended a Veteran’s Hall with his brother-in-law (the Defendant), and approached a man who was a patron at the bar. The Plaintiff and the man went out in the parking lot for further discussion and the man punched the Plaintiff in the head knocking him to the ground, rendering him unconscious. This punch was witnesses by the Defendant. The Defendant took the Plaintiff to his car and drove home. Thereafter, the Defendant aided the Plaintiff into his home where he went into seizure and 911 was summoned. The Plaintiff sustained a brain hemorrhage necessitating surgical draining. The Plaintiff brought a claim against the homeowner contending he was negligent in rendering assistance to him, more specifically, in his unreasonable delay in calling for help. The Defendant contended that the Plaintiff would be barred from recovery as a matter of law as his injury stemmed from a drug deal gone bad, contending the Plaintiff’s brain injury occurred when he was either punched in the head or when he was knocked to the ground and in no way was the Defendant negligent in rendering assistance to the Plaintiff. In November of 2004, the Plaintiff reached an amicable settlement for $80,000.00
Motor Vehicle Negligence - Tractor-Trailer Collides With Automobile
Injuries alleged: Worsened existing neck pain
Name of case: Withheld
Court/case #: Withheld
Tried before judge or jury: N/A (settled)
Special damages: $30,000 ($28,000, medicals; $2,000, property damage)
Amount of settlement: $160,000
Date: April 22, 2002
Demand: $375,000
Attorney for plaintiff: Scott D. Springer, Bratton & Springer, Lowell
Attorney for defendant: Withheld
Other useful information:
On Jan. 23, 2001, the plaintiff, a 67-year-old retired woman, was a front-seat passenger in a motor vehicle operated by her husband traveling in the high-speed lane of Route 495, when a tractor-trailer, allegedly in an effort to avoid a ladder on the roadway, side-swiped the passenger side of the plaintiff's vehicle. The plaintiff has had a significant and long medical history of neck pain, including degenerative changes, borderline spinal stenosis at level C3-4, spondylitic changes with osteophytes and degrees of disc bulging, but no herniation.
At the time of the accident, the plaintiff had been undergoing a course of physical therapy and pain management. The plaintiff contended that her condition changed substantially as she sustained further limited mobility, developing increasingly worse neck pain, numbness in her hands, and a progressively unsteady gait requiring a neurological consultation followed by surgery at levels C3-4.
The medical bills associated with this loss were $28,053 and the property damage was $2,000.
The defendant contended that a mere accident was not evidence of negligence as there was nothing the operator of the tractor-trailer could have reasonably done to avoid impact, and therefore liability didn't exist. Moreover, the defendant argued, the plaintiff's significant pre-existing medical conditions were the result of the required medical care, not the minor impact between the subject motor vehicles.
The case settled for $160,000 in response to the plaintiff's demand of $375,000.
Motor Vehicle Negligence - Head - On Collision - Failure To Yield At Posted Traffic Sign
Injuries alleged: Multiple head and facial lacerations, neck and back injuries, right wrist fracture, right hand bruising and lacerations, injury to right hip, laceration to right knee requiring surgery, four fractured teeth.
Name of case: Withheld
Court/case #: Withheld
Tried before judge or jury: N/A (settled)
Special damages: $31,792.95 (medical expenses)
Amount of settlement: $250,000
Date: Aug. 1, 2001
Demand: $400,000
Highest offer: $250,000
Attorney for plaintiff: P. Scott Bratton, Bratton & Springer, Lowell
Attorney for defendant: Withheld
Other useful information:
The plaintiff was traveling east on Brookline Road in Pepperell on Dec. 28, 1998, at 4:45 p.m. when she was hit head-on by a box truck operated by the defendant's employee while he traveled on West Street.
The plaintiff was reportedly pinned in the vehicle. She was semi-conscious and screaming, "I'm dying! I'm dying!" Rescue workers removed her from the truck using the Jaws of Life. She was taken to St. Joseph's Hospital emergency room in Nashua, N.H.
The Massachusetts State Police cited the plaintiff for speeding and failing to keep to the right. The defendant's employee was cited for failure to yield at a posted traffic sign.
The suit was commenced in Middlesex Superior Court. The case settled before trial for $250,000.
Negligence & Tort
Limousine Operator -- Driver's Cocaine Use And Arrest
Injuries alleged: Emotional distress, legal fees
Name of case: Jewer v. Lynette's Limousine Service, Inc.
Court/case #: Lowell District Court, No. 95-06378
Tried before judge or jury: Jury
Judge: Patricia G. Curtin
Amount of verdict: $33,500
Date: April 16, 1999
Highest offer: $4,000
Demand: $5,000
Attorney for plaintiff: P. Scott Bratton, Bratton & Springer, Lowell
Attorney for defendant: Withheld
Other useful information:
The plaintiff hired a limousine for transportation. Upon entering the limo, the plaintiff discovered the defendant company's driver seated in the rear passenger compartment of the vehicle.
After returning to the front seat, the driver set off on Route 495, reaching speeds in excess of 90 miles per hour, bearing down upon a fully marked State Police car in the high-speed travel lane. The trooper pulled to the middle travel lane and reduced his speed to 85 mph as he watched the limo pass him. With blue lights now flashing and in full pursuit, the trooper stopped the limo in the breakdown lane and inquired as to the driver's license status.
Unable to produce a license, the driver was asked to step from the vehicle. When the trooper conducted a pat frisk, he discovered a golf-ball sized chunk of white powder in a sandwich bag in the driver's pocket. As the trooper was about to handcuff the driver, he snatched and attempted to eat the drugs while pushing the trooper away. A violent struggle ensued next to the highway after which the driver was arrested and the contraband recovered.
The plaintiff remained seated in the rear of the limo until asked to exit by a second trooper, who discovered a small paper-pocket of cocaine wedged in the seat where the plaintiff was seated. The plaintiff was arrested for possession of cocaine and spent the afternoon at the Concord State Police lockup.
The driver, using an alias, was bailed from the barracks and later defaulted his court appearance for motor vehicle, drug and assault offenses. The plaintiff was acquitted after trial of his drug possession charge.
Premises Liability - Condominium -- Sliding-Glass Door
Injuries alleged: Compression fracture of L-3 vertebrae
Name of case: Tacchino v. Cowie, et al.
Court/case #: Middlesex Superior Court, No. MICV95-06378
Tried before judge or jury: Jury
Judge: Sandra L. Hamlin
Special damages: $32,362
Amount of award: $273,559
Date: May 12, 1998
Demand: $250,000
Highest offer: $40,000
Most helpful experts: Dr. Charles Wright, orthopedist, Melrose; Rubin Zallen, structural engineer, Framingham
Insurance carrier: Aetna
Attorney for plaintiff: P. Scott Bratton, Lowell
Attorney for defendant: Withheld
Other useful information:
The 85-year-old plaintiff allegedly complained to the condominium association of an exterior water leak to her unit which originated from the common area exterior wall. Over time, the leaking water damaged the sliding-glass door to the unit causing it to fall upon the plaintiff in March 1994.
The damaged door was owned by the plaintiff and was not part of the common area.
The plaintiff did not seek medical attention for three weeks and at the time of her initial medical treatment failed to mention the door falling on her.
She was diagnosed with a compression fracture of the L-3 vertebrae and was hospitalized for one week. She was then admitted to a physical rehabilitation facility where she remained for one week.
Since surgery was impractical due to the plaintiff's advanced age and the nature of her injury, the plaintiff experiences pain and loss of function on a daily basis.
The plaintiff claimed that the defendants were negligent in not repairing the water leak to the exterior wall, after notice, which caused the door to fall upon the plaintiff.
The defendants contended that the plaintiff owned the door and it was poorly maintained. The defendant alleged the plaintiff was injured from something else.
Insurance Company -- Refused To Pay
Injuries alleged: Violation of G.L. c. 90, Sect. 34M
Name of case: Lemire v. Commercial Union Insurance Co.
Court/case #: Lowell District Court, No. 9511 CV 2094
Tried before judge or jury: Judge
Judge: William E. Melahn
Special damages: Unpaid medical expenses of $615
Amount of award: $946 plus attorneys' fees of $2,100
Date: Dec. 17, 1997
Demand: $615 plus attorneys' fees
Highest offer: $0
Insurance carrier: Commercial Union
Attorneys for plaintiff: P. Scott Bratton and Steven M. Vaillancourt, Lowell
Attorney for defendant: Withheld
Other useful information:
In 1993, the plaintiff's car was rear-ended in a collision. The plaintiff suffered a bulging cervical disc. The PIP carrier paid medical bills of $3,642 but refused to pay the remaining balance of $615 due to an IME cut-off.
The plaintiff demanded payment since the disputed treatment was allegedly reasonable, necessary and causally related to the 1993 collision. At trial, the plaintiff prevailed under Chapter 90, Sect. 34M, receiving judgment for unpaid medical expenses of $615 plus interest, costs and attorneys' fees, for a total judgment of $3,046.
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