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Case Results


Passenger Suffers Lacerated Liver

Client was the back seat passenger of a motor vehicle that was being driven by an intoxicated operator near Worcester. The driver struck a telephone pole head on and our client suffered various injuries with the most severe being a lacerated liver. Client was able to make a full recovery, though painful and lengthy. We were able to secure a $70,000.00 settlement for our client.

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OUI – .18 Breath Test – Not Guilty

Our client was stopped at 1:15am after committing marked lanes violations. The officer reported her having an odor of alcohol, bloodshot and glassy eyes and slurred speech. He asked her to step from the vehicle perform field sobriety tests which he stated she failed. The officer then placed her under arrest for OUI and transferred her to the station where she consented to a breath test. She registered a .18 BAC which is over double the legal limit. A careful examination of the evidence determined that a contaminating event occurred before the breath test and we made a motion to suppress the breath test results. The judge agreed with us and suppressed the breathalyzer and our client was later found NOT GUILTY after trial.

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Slip and Fall on Snow and Ice

Client was employed in the nursing field and she was leaving her residence at a condominium complex one winter morning. Upon arriving at her car she slipped and fell on the driveway which was not properly treated. Our client fractured her wrist and was caused to undergo multiple surgeries, physical therapy and missed time at work. We brought suit against the condominium trust as well as the contractor responsible for the snow removal. After discovery was complete, the matter settled at mediation for $65,000.00

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4th Offense OUI – Not Guilty

Client was arrested and charged with a 4th Offense OUI, along with other counts, after being stopped by police at 1:00am and failing field sobriety tests. He was transported to the station where he was booked and took a breathalyzer with a result of .14 BAC which is almost double the legal limit. Client faced a prison term of up to 2 ½ years in the House of Correction as well as a lengthy loss of license. After doing much discovery, we were able to argue that the police did not comply with the regulations for a proper breathalyzer test. We were able to get the breathalyzer results suppressed at a motion hearing and took the case to trial. Client was found NOT GUILTY after a jury trial.

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Passenger Falls Off Motorcycle

Client was thrown off the back of a motorcycle while on a major highway near Worcester. The driver was operating the motorcycle recklessly, negligently and was further engaging in high risk behavior while passing another car that was driven by his friend travelling next to him on the highway. Our client sustained numerous, serious injuries which kept her in the hospital for over 1 month. Our client’s permanent injuries included scarring, disfigurement, loss of function and Post Traumatic Stress Disorder. Without having to file suit and within 8 months of the accident, we were able to settle for the full Bodily Injury limits of the driver’s policy, as well as full policy limits under the Uninsured provision of the driver’s policy.

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Roadblock/Sobriety Checkpoint Dismissed

A 19 year old client was travelling on Route 9 in Shrewsbury, at about midnight, when he encountered a State Police Roadblock (aka “Sobriety Checkpoint”). The police report indicated that the client had both an odor of alcohol and that he admitted to consuming alcohol that night. Our client was asked to step from his vehicle and perform field sobriety tests which the police said he failed. He was arrested for OUI and brought to the police station. After diligent discovery, we were able to discern that the State Police did not comply with the guidelines set up for a lawful roadblock. We outlined this in our motion and the Judge agreed with our argument and Dismissed the case against our client before trial.

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Head on Collision

Client was driving with three minor children in her vehicle, two of which were her own children and also our clients, when another vehicle crossed the double line and hit her head on. The other driver was cited and charged criminally. Our clients sustained significant injuries and we were able to settle without court intervention for the full Bodily Injury and Underinsured policy limits.

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OUI Drugs – Dismissed

19 year old client was arrested after travelling the wrong way on a one way street in Worcester. Officers removed him from the vehicle and asked him to perform field sobriety tests. Due to failing the tests and admitting to consuming pills, he was charged with OUI-Drugs among other motor vehicle charges. After attacking the credibility of the evidence and the credentials of the proposed drug expert, we were able to get the charge of OUI-Drugs dismissed prior to trial.

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Breach of Contract Case

In this matter the client, the Plaintiff, alleged that his car had been stolen and involved in an accident on New Years day. The insurance company denied my client’s claim because when the motor vehicle was recovered the ignition had not been defeated nor were there any other signs of theft. My client initially gave a recorded statement in which he indicated that he did not know who took the vehicle but months later during an examination under oath (EUO) he revealed to the investigator that he had learned that his friend had taken the vehicle but that it was without his permission. The claim was eventually denied and the Plaintiff brought an action for breach of contract and a violation of M.G.L. c.176D. The defendant counterclaimed and alleged fraud, deceit, civil conspiracy and a violation of good faith and fair dealings. The operator of the vehicle was deposed in state prison at MCI Shirley and a writ of habeus corpus was issued for his presence at trial. Both sides waived their right to a jury trial when the case was called for trial. The case centered on insurance contract terms such as “customary operator”, “cooperation” and “theft.” The Defendant received a Judgment on both counts of the Plaintiff’s claim and the PLAINTIFF RECEIVED A JUDGMENT on all four counts of the Defendants counterclaim.

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Grandmother Fights for Permanent Gaurdianship of Grandchild

This case involved competing Guardianship petitions of a 2 ½ year old boy brought by the maternal and paternal grandmothers. It was alleged by our client, the maternal grandmother, that the child’s parents were unfit because of drug use and neglect and that the paternal side of the family was unfit because of drug and alcohol issues and their inability to supervise the child’s Father. The Paternal grandmother accused the maternal grandmother of abuse of prescriptive medication, not having a significant bond with the child, an unhealthy obsession with the child, being deceitful with investigators including the Department of Social Services and the appointed Gurdian Ad-Litem. It was also alleged that our client had an inability to care for the child because she herself had three grown drug addicts for children. The cases were consolidated and tried over the course of three days with numerous witnesses and exhibits being produced by both sides. Our client received PERMANENT GUARDIANSHIP of the child.

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Municipal Employee Charged with OUI

The Defendant was charged with OUI-Liquor OR .08%. At the time of the incident, the defendant was a municipal employee operating a town vehicle. He was involved in a single vehicle accident at 1:40 a.m. while he was on-call in the municipal truck. The truck he was operating crashed into the Jersey barriers on a major highway, causing serious damage to the vehicle. The plow hitch on the front of the truck was wedged between the Jersey barrier and the truck could not be removed without a tow truck. The police alleged that the client failed all sobriety tests and admitted to drinking. Two police officers and a civilian witness testified against the defendant. The cross-examination was so effective that the case ended when the Judge allowed the defendant’s motion for a required finding of NOT GUILTY at the close of the Commonwealth’s case.

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Massachusetts RMV Board of Appeals

Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her license loss should for 2 ½ years and not 5 years. The Board denied the request and upheld the 5 year licensee loss. Our firm then brought an action against the Registry of Motor Vehicles (“RMV”) in Superior Court. After a hearing, wherein the RMV was represented by the Massachusetts Office of the Attorney General, the Court overturned the RMV decision and issued a JUDGMENT for our client, remanded the case back to the Board and ordered them to reinstate the client’s driver’s license.

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Indecent Assault and Battery

The Defendant was charged with 3 Separate Complaints of Indecent Assault and Battery on 3 different victims. After extensive discovery, it was revealed that one alleged victim had made certain statements that seriously questioned the credibility of the allegation and the complaint was DISMISSED. The second case was tried before a jury over two days and the Defendant was found NOT GUILTY on all counts. The third case was DISMISSED at the request of the government as a result of the second cases not guilty verdict and the facts brought to light during the trial.

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City of Worcester Seeks Injunction Against Our Client

The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property and secure an expert after the parties could not negotiate a settlement and the Defendant answered ready for trial. The motion to continue was allowed over objection of counsel and the matter was continued for trial. A trial was thereafter held wherein the City called a Health and Code Inspector familiar with the matter and a Professional Land Surveyor. The Defendant was the only witness called by the Defense. The case was important to the client because he was a well known contractor in the city and wanted to let the city know that he would fight for his rights in instances where he believed that the city was being unreasonable. After Proposed Findings were submitted by the Parties the Court issued Findings of Fact, Rulings of Law and Order for JUDGMENT on behalf of our client. The Court also stated in its Rulings that the Defendant may seek relief against the City under G.L. c.231, §6F, the statute which is entitled, and provides for, costs, expenses and interest for insubstantial, frivolous or bad faith claims or defenses.

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Charged with Operating Under the Influence

The Defendant was charged with Operating Under the Influence and a Marked Lanes Violation. The Commonwealth called one witness and the Defendant called three, including himself. The jury returned a verdict of NOT GUILTYon the OUI and the judge made a finding of NOT RESPONSIBLE on the civil infraction and ordered that the Defendant’s license be restored. The Jury deliberated for approximately twenty minutes before returning a verdict of NOT GUILTY.

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