45 year old woman injured in an auto accident on Route 6 in Farmington wins a jury verdict that eclipsed Geico’s offer to settle for 20,000.00 by a factor of 113 times! Bad faith claim against Geico is being pursued.
An eighteen year old sustained blunt traumatic injuries resulting in his death after being involved as a passenger in a motor vehicle crash following a party where he and several other underage people were served alcohol. Our office brought claims on behalf of the deceased and was able to recover monies for the estate under both motor vehicle policies (driver and owner of the vehicle had separate policies); an underinsured motorist claim and a social host liability claim. We settled very quickly with the at-fault driver/owner of the vehicle, then collected the remaining amount due under the under-insured portion of the motor vehicle coverage available; and then settled with the social host after conducting numerous depositions. The case involved complex legal theories and difficult hurdles to overcome in establishing liability based on numerous facts including the decedent’s level of intoxication, his whereabouts after leaving the party and the extent of the social host’s involvement in service of alcohol.
For the Glastonbury family whose daughter was killed in a motor vehicle accident following two nights of teen drinking at a Glastonbury home in 2013, the litigation nightmare is over. The party house in Glastonbury in 2013 was “Finks House”. The Finklestein’s home was where the juniors in High School would gather most every weekend. Every gathering would be an occasion to consume alcohol, smoke pot and have sex. For the 16 and 17 year old Glastonbury kids, a place to play grownup. The end result of the Las Vegas in Glastonbury for the Glastonbury High School students, Class of 2014, is that a beautiful, promising girl, never got the chance to graduate.
Sixteen year old kids don’t have the maturity to understand the dangers of alcohol. In fact, our case law says very clearly. In Ely v. Murphy, 207 Conn. 88, 89-90, 540 A.2d 54 (1988), the Court first held that adults could be responsible for serving/providing/purveying alcohol to minors due to their incompetence and inability to understand the specific dangers of drinking while driving. The law also says that a homeowner is responsible for the results of underage drinking in his home. Relevant case law suggests that homeowners may be liable when they have created a permissive atmosphere of underage drinking. Whether the homeowners are home when the damage is done or not, is irrelevant. In Schwarz v. Piro, No. FSTCV106004487S, 2015 WL 522060, (Conn. Super. Ct. Jan. 9, 2015), the Court held that a defendant may incur social host liability where he or she has provided a venue for consumption of alcohol by minors; see also Reynolds v. McAvoy, Superior Court, judicial district of Danbury, Docket No. CV–02–0346701–S (November 4, 2004) (Nadeau, J.); and Geise v. Gipstein, Superior Court, judicial district of New London, Docket No. CV–09–5010726 (January 25, 2011) (Martin, J.) (holding that “a duty of care exists on behalf of the social host of a party where underage drinking is encouraged, regardless of whether the intoxicated minor consumed alcohol purchased by the social host, or alcohol brought from outside the premises. Whether that duty of care was breached … and the defendant knowingly or negligently provided a venue for his minor guests to consume alcohol, constitutes a genuine issue of material fact …”). In addition, our Courts have consistently held that most defenses, such as assumption of the risk, are not viable against an underage drinker or victim that is driven by an intoxicated driver.
24 year old former Division 1 NCAA soccer player and semi-professional soccer player involved in a serious motor vehicle accident where defendant crossed the double yellow in an attempt to pass another vehicle. Plaintiff sustained a serious right knee injury, requiring two surgeries and resulted in a 7% permanent partial disability. First offer was $200,00.00. Case settled for $435,000.00.
A woman cited for making an illegal u–turn was hit by an approaching vehicle on New Year’s Eve during a snow storm.
An Eastern Connecticut State University student was visiting the University of Connecticut with some friends. While walking home from an off-campus party, he was struck by a car which fled the scene. The young driver crashed his car into a tree about a mile from the scene and reported that accident to police, but not the fact that he had struck our client. The Eastern Student was unconscious and suffered facial injuries and a badly fractured leg.
The Law Office of Kevin C. Ferry recovered $5.2 million dollars from UPS for a UPS tractor trailor accident that UPS said was 100% our clients fault. This case was tried before a jury and we won $3.88 million. UPS appealed to the Connecticut Appellate Court raising 8 issues on appeal. We won on every issue. UPS appealed to the Connecticut Supreme Court and we convinced the court it shouldn’t even bother hearing what UPS had to say. We won again. With pre-judgment and post-judgment interest, the amount UPS paid us in June, 2015 was more than $5.2 million
A motorcyle police officer was severely injured when another vehicle took an improper u-turn directly in front of the path he was traveling. The police officer was in the course of performing his duties at the time of the accident. He sustained significant injuries including: an open right tibial shaft fracture; a 2 cm laceration caused by the projection of tibial bone through the skin; and injuries to the chest, pelvis, right leg, and right hand. The officer’s right leg fracture required immediate surgery and placement of a rod and several screws. Total losses resulted in over $75,000 in medical bills and lost wages. Our office settled very quickly with the at-fault party for his policy limits and then recovered an additional $185,000 from under-insured motorist coverage.