Man beaten in front of business settles case after proving negligent hiring, selection and retention of person responsible for safety of the premises. Injuries included cuts, abrasions, bruising and worsening of pre-existing neck disability and humiliation.
A 60 year-old tenant of a Rocky Hill business part was crushed by an 800 pound garage door resulting in permanent injuries to his foot, shoulder and knee requiring 5 surgeries and likely more in the future. The defendant, Belamose Business Park, LLC denied any responsibility and initially offered 250,000.00 to settle the case, later raising that figure to 1.25 million while the jury was deliberating. Belamose hired an orthopedic surgeon with 40 years’ experience to testify that the shoulder and knee injury were not related to the garage door crush injury, an engineer to say the garage door was safe, but who did not testify after we destroyed his analysis in deposition and called a garage door expert at trial to contest the claims. All of these maneuvers proved futile. The jury found the Defendant 95% responsible.
A Hartford court returned this verdict following a five-day trial. The plaintiff was a rear seat passenger in a car when the driver lost control of the vehicle and crashed into a tree. Plaintiff sustained multiple fractures, and spent ten days in the hospital.
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.
Plaintiffs attorney Monique Foley of Ferry Law knew she had a good case in which an elderly driver struck her client in a crosswalk, injuring his head, back and right knee.
Surgeon dissects common bile duct and fails to diagnose this for several days. Client becomes very sick and requires major surgery to repair the injury. Client is at significant risk of major complications and has a reduced life expectancy because of the Doctor’s negligence. Jury trial – bad guys won.
Woman recovering from abdominal surgery at Saint Francis Hospital in Hartford suffered large second degree burns and disfigurement on her belly due to negligent overheating of heating pad, which was left on the patient’s abdomen for eleven hours while she was being given sedatives and pain killers. Case settled at mediation.
Hernia surgery results in misfired tack into nerve causing permanent damage. Result: Plaintiff’s Verdict.
Gastric bypass surgery performed by surgeon inexperienced in the procedure results in life threatening infection, reversal of surgery. Case settled.
General Practitioner misapplied chemical used to burn away a mole, causes large permanent scar and discoloration. Result: Settled
Orthopedic surgeon fails to reduce and properly align ankle bones results in three additional surgeries and years of lost income. Case settled after expert depositions.
Knee operation results in ten inch scar on lower leg due to scalpel being dragged across lower leg. Result: Plaintiff’s Verdict.
A young man given 100 times more medication that required suffers elevated cardiac enzyme levels, monitored by a cardiologist for six months and must wear a chest monitor. Case settled prior to suit.
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.
60 year old woman sustained vaginal burns after her gynecologist accidentally placed gauze soaked in trichloroacetic acid instead of diluted acid on her vagina at a schedule visit for a colposcopy of the cervix.
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.
Verdict for boy molested at pool by man posing as employee of the facility. Case against facility settled for confidential amount.