Representative Recent Personal Injury Settlements/Verdicts
The following are a few of the actual cases from actual clients of the Roncone Law Offices, P.C. Each was reported in the MA Attorneys trade weekly newspaper. Every case is different. The following is intended for informational purposes only. Results are not guaranteed.
SLIP, TRIP AND FALL
Supermarket - Wet Floor
Case Name:
Client vs. Local Supermarket
Injuries alleged:
Torn rotator cuff, lower back injury
Special Damages:
$5,408.00 (medical); $2,400 (lost wages)
Amount of Settlement:
$65,000.00
The plaintiff, age 76, was shopping at the defendant's supermarket in Leominster when she reportedly slipped and fell on an accumulation of water on the floor. The plaintiff alleged the defendant was negligent to timely remove the water or provide adequate warning of the accumulation. The defendant contested the length of time the water was on the floor and whether the defendant had notice thereof.
On the date of the accident, the plaintiff went to the emergency room at Leominster Hospital with complaints of left wrist, shoulder and lower back pain. The emergency room staff diagnosed her as having a wrist and shoulder sprain.
She elected treatment with a local chiropractor, who referred her to an orthopedic surgeon for evaluation. The chiropractor resolved neck and back injuries.
The plaintiff followed up with an orthopedic surgeon who confirmed a torn rotator cuff (right shoulder) via an MRI and bone scan. Arthroscopic debridement of the rotator cuff tear as well as AC joint excision was recommended.
The plaintiff elected, primarily due to her age, not to proceed with surgery.
The plaintiff provided the insurer with projected future medical expenses (surgical) and detailed information relative to the plaintiff's likely post operative recovery period, which was anticipated to be lengthy.
PREMISES LIABILITY
Stairway-Noncompliance
with State Building Code
Case Name:
Guest vs. Property Owner.
Injuries alleged:
Left wrist and pelvic fractures
Special Damages:
$79,905 (medical)
Amount of Settlement:
$125,000.00
The plaintiff, a 74 year old women, slipped and fell on the front steps of the building where she was a tenant. The defendant was her landlord. The plaintiff alleged that the stairway was not in compliance with the local building code, nor equipped with required handrails. The defendant insurer contested liability citing the defendant's property was exempt from building code requirements because of "grandfather" status. After the fall, the plaintiff was transported to the emergency room via ambulance. She was admitted inpatient and required surgery for a complex fracture of her left arm; she also had to wear a back brace for a fractured pelvis. The plaintiff was released and transferred to a skilled nursery facility where she remained. She received physical and outpatient therapy.
The plaintiff's treatment was interrupted as she was admitted to the hospital for an unrelated medical condition. Upon her release, she was readmitted to a skilled nursery facility. A further surgery on her arm occurred in which a bone graft was required. The plaintiff remained in the hospital. She was readmitted to a skilled nursery facility. When the plaintiff was discharged to her home, she received in-home care.
The case settled due to the serious nature of the plaintiff's injuries. The plaintiff passed away several months after the settlement from unrelated causes.
NEGLIGENCE
Horseplay - Injuries to Minor
Child
Case Name:
Parent of Child vs. Homeowner
Injuries alleged:
Multiple fractures of left arm with
resultant scarring
Special Damages:
$13,321.00 (medical)
Amount of Settlement:
$142,067 (including structured payout for minor)
The plaintiff and her minor child, then age 5, were visiting the home of the defendant in Leominster. At some point during the visit, the plaintiff left the room where her child was playing with the defendant, to use the phone.
A loud noise alerted the plaintiff where her child had been playing. The plaintiff returned to see her child on the floor suffering convulsions as a result of the fall. The defendant, also an adult, had been playing with the child, had allegedly thrown the child into the air and had failed to catch the child before he hit the ground. Upon impact with the ground, the child suffered multiple fractures of the left arm.
The child was taken to the hospital where he stayed for two days. A splint was inserted through a surgical procedure. Approximately a year-and-a-half after the surgery, the child developed complications from the plate attached to his bone. He underwent a second procedure to remove the plate.
During recovery, he developed an infection at the site. He was treated with various antibiotics and injections. Post surgery and recovery, the child exhibited a scar on this arm. The minor child was evaluated by a plastic surgeon who opined that the scarring was likely permanent. The minor plaintiff initiated suit in the Worcester Superior Court on various theories of negligence. The adult plaintiff mother filed a loss of consortium claim.
The case settled shortly after suit was filed. A petition of approval of minor's settlement was hear and allowed by the court.
SLIP, TRIP & FALL
Snow and Ice on Parking Lot
Case Name:
Plaintiff vs. Local Warehouse Chain Store
Injuries alleged:
Partial rotator cuff of left shoulder
Special Damages:
$14,000.00 (medical expenses)
Amount of Settlement:
$40,000.00
The plaintiff, a 69-year-old man, was at the defendant's parking lot in Leominster. Several steps from his vehicle, the plaintiff fell and injured himself on the slippery surface. The defendants' insurer, the store and plowing service argued that the plaintiff slipped and fell on a natural accumulation of snow and ice, hence, no liability attached.
The plaintiff successfully argued that the snow or ice that created the hazard - upon which the plaintiff fell - was no longer in its natural state. In fact, tire marks and rust allegedly had frozen underneath a natural accumulation of snow and ice, which had covered the tire ruts.
The plowing company and the defendant's insurer eventually settled on this point.
The plaintiff first presented himself at Leominster Hospital Emergency Room two days post-injury. He was diagnosed with a shoulder sprain and treated conservatively with his primary care physician and prescribed physical therapy. He received corticosteroid injections from a rheumatologist.
Approximately one year later, he was diagnosed with a partial rotator cuff tear. Some six months later, his orthopedist performed arthroscopy on his should to repair the partial rotator cuff tear. The plaintiff continued with therapy and steroid injections.
MOTOR VEHICLE NEGLIGENCE
Rear-End Collision - Back Injury
Case Name:
Plaintiff vs. Defendant Operator
Injuries alleged:
Lower back strain, nerve root impingement
of spine
Special Damages:
$27,306 (medical expenses); $26,086(lost wages)
Amount of Settlement:
$553,326.00
The plaintiff - then a 26-year-old married mother of two minor children - was rear-ended in her vehicle by the defendant's vehicle while stopped at an intersection in Lancaster. The defendant was driving a truck in the course of his employment for defendant employer. The plaintiff was transported via ambulance to the emergency room.
Initially, treatment focused on a lower back strain. The plaintiff was referred to her first course of physical therapy. A MRI revealed disc bulging at L4-5 and L3-4. The plaintiff was treated by an orthopedic surgeon who recommended microsurgery/disentomb on L4-5. Surgery was performed. The post-operative recovery was allegedly not good. The plaintiff developed concentrated and consistent pain in the low back into her buttock and right leg. The plaintiff underwent a second series of physical therapy and received coati/steroid injections. A second MRI revealed post-operative enhancing reactive tissue (scar issue) at the laminectomy site.
The plaintiff underwent a third course of physical therapy and was treated by physiatrists over the next two years. She did not respond well to therapeutic modalities, including ongoing steroid nerve root injections and physical therapy. She reportedly developed pain while sitting, standing and walking.
The plaintiff's expert opined a 10 percent whole person impairment and a casual relationship to the motor vehicle accident. The defendant's experts opined a partial disability with restrictions.
The plaintiff reportedly had an episode where she fell at her home. A MRI revealed an additional disc bulge at L5-51. The defendant opined this as a new injury and the plaintiff argued her weakened condition contributed to her fall. The plaintiff continued to treat with prescribed narcotics to address her constant pain.
At the time of the motor vehicle accident, the plaintiff worked as a medical records clerk for an HMO. Immediately following the motor vehicle accident, she was out of work for six months. She attempted to return to work and reduced her hours over the next two to three years but was never able to tolerate full-time employment. Upon the advice of her treating physician, she went out of work permanently.
The case was mediated two weeks prior to trial and settled once week later. A portion of the settlement proceeds was placed in an annuity for the minor children's college fund.