Case Results
Tyler Vitiello v. Kranos Corporation d/b/a Schutt Sports, et al.
Bergen County Superior Court (Hackensack, New Jersey)
We successfully defended this complex products liability case (football helmet manufacturer) in Bergen County Superior Court in Hackensack, New Jersey on behalf of our client, Kranos Corporation d/b/a Schutt Sports, the manufacturer of the Pro Air II model football helmet which the plaintiff Tyler Vitiello was wearing at the time of the incident on November 5, 2011. The plaintiff, who was on the kickoff return team for Saddle Brook High School, attempted to make a block on the opposing player from Glen Rock High in a football game played in Saddle Brook, New Jersey. The plaintiff sustained a significant C5-6 fracture with resultant transient quadriplegia and significant residual medical issues as a result of the manner in which he attempted this block and the force and energy involved in same. The plaintiff pursued a strict products liability, design defect theory with respect to the Pro Air II model football helmet, alleging that there were feasible alternative designs which would have protected Tyler Vitiello from the catastrophic spinal cord injury which he sustained. After a three week trial, the jury returned a defense verdict for our client-June, 2015.
Mary Ellen O’Shea v. Timothy Boyle and T C Leasing Corp.
Middlesex Superior Court
We successfully defended this negligence action on behalf of our clients, Timothy Boyle and his employer, T C Leasing Corp., a trucking company. The plaintiff, a United State Customs and Border Protection Chief Officer, alleged that Mr. Boyle was operating his tractor-trailer erratically on Route 495 North. Ms. O’Shea claimed that as a result of being struck by Mr. Boyle’s tractor-trailer, her motor vehicle spun across the highway and collided with an oncoming motorist in the fast lane of travel. It was uncontested that Ms. O’Shea sustained serious injuries including fractured ribs, a fractured pelvis and an exacerbation of her lower back condition. We persuaded the jury that Ms. O’Shea had actually been traveling on an access road to Route 495 North and that her failure to properly merge and yield the right of way to Mr. Boyle was the proximate cause and cause in fact of the accident. After a two day trial, the jury returned a verdict for our client–July, 2012.
Jarel Anglin, By His Mother and Next Friend, Tasha Johnson v. Jodi Burke and Northeast Behavioral Health Systems, Inc.
Essex Superior Court
We successfully defended this negligence action on behalf of our client, Northeast Behavioral Health Systems, Inc., a provider of social and treatment services. The minor plaintiff was riding his bicycle in Lynn, MA when he was struck by the motor vehicle being operated by co-defendant, Jodi Burke, an employee of our client. The plaintiff alleged that Ms. Burke’s negligent operation of her motor vehicle caused the minor plaintiff to sustain serious personal injuries, including a mid-shaft tibia fracture, eye injury and permanent scarring. The case was tried against our client on a theory of vicarious liability. After a three day trial, the jury returned a verdict for our client–June, 2012.
Thomas and Joyce Leminen, as Co-Administrators of the Estate of Melissa Leminen, et al. v. Global Productions, Inc., et al.
Suffolk Superior Court
We successfully defended this wrongful death case on behalf of our client, Global Productions, Inc., a private carrier which provides transportation services for events. Global Productions transported a group of thirty people, who had gathered for a bachelor party, to golf in Rhode Island and to Foxwoods in Connecticut and then returned the group to the Park and Ride in Rockland, Massachusetts. One of the people in this group was intoxicated and ended up driving his vehicle the wrong way up an off-ramp and head-on into another vehicle traveling south on Route 3. The driver of the other vehicle, a twenty-six year old woman, was ejected from her vehicle and died and her cousin, a front seat passenger, sustained serious personal injuries with some permanent disability and substantial scarring.
This was one of the first cases tried since the Supreme Judicial Court’s decision in the Commerce Insurance Company v. Ultimate Livery case created a duty on private carriers beyond the time its passengers disembark. The case was tried against our client, Global Productions and the co-defendant, wrong way driver. After a week trial, the jury returned a verdict for our client–March, 2011.
Lucille Ferrante v. Pilgrim Insurance Company and The Charter Oak Fire Insurance Company
Essex Superior Court
The plaintiff filed suit against our client, Pilgrim Insurance Company for underinsurance benefits pursuant to the homeowner’s insurance policies of her son and daughter-in-law. The plaintiff’s claims arose out of a motor vehicle accident which allegedly occurred on December 11, 2005 on Topsfield Road in Boxford, Massachusetts. The plaintiff alleged that the motor vehicle which she was driving hit a pole after being pushed off the road by another, unidentified vehicle. The plaintiff refused Pilgrim Insurance Company’s request for an Examination Under Oath in accordance with the terms and provisions of the subject policies and pursuant to Lorenzo-Martinez v. Safety Insurance Company, 58 Mass.App.Ct. 359 (2003). She claimed that Pilgrim Insurance Company was not entitled to an Examination Under Oath based on a prior EUO provided to the co-defendant under a separate policy and prior to the involvement of Pilgrim Insurance Company in the matter. Summary judgment was granted by Judge Kathe Tuttman on behalf of our client–September, 2008. After Hearing, the Massachusetts Appeals Court upheld the grant of summary judgment-August, 2010.
Jeremy Green v. Schutt Sports Manufacturing Company
United States District Court for Northern District of Texas
We successfully defended this complex products liability case (football helmet manufacturer) in Federal Court in Lubbock, Texas on behalf of our client, Schutt Sports Manufacturing Company, the manufacturer of the DNA model helmet which the plaintiff Jeremy Green was allegedly wearing at the time of the incident on August 20, 2004. The plaintiff, who was playing cornerback for Levelland High School, attempted to make a tackle on the opposing ball carrier from Hobbs High School in a football game played in Hobbs, New Mexico. The plaintiff sustained a significant burst C-5 fracture with resultant quadriplegia as a result of the manner in which he attempted this tackle and the force and energy involved in same. The plaintiff pursued a strict products liability, design defect theory with respect to the DNA model helmet, alleging that there were feasible alternative designs which would have protected Jeremy Green from the catastrophic spinal cord injury which he sustained. The plaintiff’s last demand was $3.6 million. After a two week trial, the jury returned a verdict for our client –November, 2006. Defense verdict affirmed on appeal by United States Court of Appeals for Fifth Circuit-March 17, 2010.
Freda Gueli v. Kohl’s Department Stores, Inc.
Essex Superior Court
The plaintiff, Freda Gueli filed suit alleging that she was caused to sustain serious personal injury as a result of the negligence of our client, Kohl’s Department Stores, Inc. The plaintiff alleged that she slipped and fell on an unnatural accumulation of ice in the area of the front entranceway of the Kohl’s store in North Andover, Massachusetts. The plaintiff alleged that this allegedly defective condition of the premises was the proximate cause of her accident and resultant fractured shoulder which required surgery. We were able to successfully establish that the plaintiff failed to provide evidence of an unnatural accumulation of ice and that consequently no actionable property defect existed on our client’s premises as a matter of law. Summary judgment was granted by Judge Thomas Murtagh on behalf of our client–December, 2008.
Josephine Monsini v. Kohl’s Department Stores, Inc.
Brockton District Court
We successfully defended this suit filed against our client, Kohl’s Department Stores, Inc. alleging negligence and negligent supervision and training. The plaintiff alleged that she was struck in the back by heavy boxes on a two wheel hand truck which was being used by a Kohl’s employee to move merchandise within the store. The plaintiff claimed that this impact caused her to sustain an aggravation of her pre-existing lumbar conditions, including compression fractures and osteoporosis, and an exacerbation of numerous medical conditions leaving her incapable of performing her usual daily activities to present. We argued that the alleged accident did not occur and that the medical evidence established that the plaintiff did not sustain any new injury, or an aggravation or exacerbation of any pre-existing injury or condition. After a two day trial, the jury returned a verdict for our client-April, 2008.
William Padilla and Benito Rodriguez v. Pilgrim Insurance Company
Brockton District Court
We successfully defended this suit alleging violations of M.G.L. c. 93A and M.G.L. c. 176D against our client, Pilgrim Insurance Company. The plaintiffs alleged that our client failed to properly and reasonably investigate and settle their claims for personal injury arising out of an accident in which they were passengers in a vehicle struck by another vehicle being operated by Pilgrim’s insured. At trial, the plaintiffs’ relied on testimony of an expert witness with more than thirty years of experience in the insurance industry. We defended our client based on Pilgrim’s prompt and reasonable investigation of the plaintiffs’ claims including their good faith reliance on the advice of an accident reconstruction expert and defense counsel. After plaintiffs’ case, our motion for directed finding was allowed by Judge Mary Dacey White-November, 2007.
Amy Guadalupe, as Mother and Next Friend of Tyishia Guadalupe v. Kohl’s Department Stores, Inc.
Middlesex Superior Court
The plaintiff, Amy Guadalupe filed suit on behalf of her minor daughter, Tyishia alleging that our client, Kohl’s Department Stores, Inc. was negligent in allowing a dangerous or defective condition to exist at its store in Medford, Massachusetts in the form of a sock display rack. The plaintiff alleged that this allegedly defective condition of the premises was the proximate cause of her daughter’s trip and fall accident and resultant right eye injury. We were able to successfully establish that the plaintiff failed to provide evidence to substantiate her claim of a defective condition and that her claim was based on nothing more than speculation and conjecture. Summary judgment was granted by Judge Catherine White on behalf of our client–May, 2006.
North American Specialty Insurance, as Subrogee v. Nardone Electrical Corporation, et al.
Suffolk Superior Court
The plaintiff filed a subrogation action seeking recovery as a result of a fire loss that occurred at its insured’s property located at 461 Park Drive in Boston, Massachusetts. The plaintiff alleged the negligence and breach of contract of our client, Nardone Electrical Corporation, a subcontractor on this renovation project and the co-defendants. The property damage alleged was in excess of $1 million. We argued that the plaintiff’s right of subrogation was barred based on the waiver of subrogation clause contained in the contract between its insured and the project’s general contractor. Summary judgment was granted by Judge Lloyd MacDonald on behalf of our client–May, 2006; judgment upheld by Massachusetts Appeals Court September 2011; further appellate review denied by Supreme Judicial Court November 2011.
Judith Corrado, et al. v. A.A. Collins Realty Trust d/b/a Shawsheen Plaza Associates, et al.
Essex Superior Court
The plaintiff, Judith Corrado filed suit against the owner of property located at the Shawsheen Plaza in Andover, MA alleging serious personal injuries as a result of a slip and fall incident on an exterior ramp at a Market Basket store. Her husband filed a claim for loss of consortium. A third-party action was filed against our clients, Dudley Trading Associates, the ground lessee of the property having a lease with Market Basket, and Marathon Property Management Company, a management company. We were able to successfully establish that there was no evidence of any actionable property defect to support the plaintiffs’ claims for negligence. Summary judgment was granted by Judge Pat Riley on behalf of our clients and the co-defendant–February, 2006.
William C. Perry v. Sankrupt Realty Trust
Worcester Superior Court
We successfully defended the owner/manager of a liquor store. The plaintiff, William Perry filed suit against our client, Sankrupt Realty Trust, the owner of the liquor store alleging that he was caused to slip and fall as a result of water which was allowed to run off of the roof of the property onto the ground and freeze as a result of the absence of a gutter. Mr. Perry sustained an injury to his left wrist for which he underwent surgery, and sustained scarring. The jury heard evidence that our client had planned to add gutters before the incident but was unable to afford to do so. We took the position that there was no evidence to establish that the wet condition on which Mr. Perry alleged that he slipped came from the roof of our client’s property, or that the parking lot area contained a sufficient pitch to channel water toward the area where he fell. The plaintiff’s last demand was $130,000. After a multiple day trial, the jury returned a verdict for the defendant-August, 2005.
Walter J. Ackerman v. Callaway Contracting, Inc., et al.
Norfolk Superior Court
Summary judgment was granted by Judge Patrick Brady on behalf of our client–July, 2005.
American Employers Insurance Company, as Subrogee of Boston School of Modern Languages v. Acadia Insurance Company, as Insurer of R & R Battista, Inc.
Westport Insurance Company, as Insurer for 2 Arlington Street Condominium Trust v. Acadia Insurance Company, as Insurer of R & R Battista, Inc.
We successfully defended two (2) subrogation claims alleging that Acadia Insurance Company’s insured, a general contractor, caused a fire which resulted in significant property damage. The Boston Fire Department’s Arson Investigation Unit determined that the cause of the fire was an improperly discarded cigarette. The subrogation claims of the two (2) insurers sought $166,000.00, the amount paid out to their respective insureds for this fire loss. The subrogation claims were consolidated. We defended these claims based on the failure of the Boston Fire Department to comply with the requirements of NFPA 921 with respect to a scientifically based determination of the cause and origin of a fire. After Hearing before a three member Arbitration panel, decisions were rendered on the two (2) cases in favor of our client, Acadia Insurance Company, based on findings of no liability-December, 2003.
Carolyn Gusman, Individually and as Next Friend of Paul Reyna, Deceased v. Schutt Athletic Company
Federal Court, Boise Idaho
We defended a death claim on behalf of Schutt, who manufactures approximately 50% of the football helmets worn in the United States today. The plaintiff, a freshman at Boise State University, was participating in early-fall drills when he was knocked to the Astroturf and struck the back of his head. He sustained an intra-cranial bleed (subdural hematoma). He almost immediately lapsed into a coma and although emergency brain surgery was performed, he never regained consciousness and died five days later. The allegation was that the defendant’s helmet failed to provide adequate padding in the rear of the helmet and that with more energy managing material, the plaintiff would have suffered a moderate-to-mild injury and would not have died as a result of this contact. The defendants were prepared to present evidence as to the state-of-the-art design of the helmet in question and the fact that no helmet can prevent the type of brain injury sustained by Paul Reyna. After jury selection and commencement of opening statements, the case was settled for the original offer with entry of judgment for the defendant for costs of the medical bills for four days of treatment and funeral expenses. The plaintiff’s original demand had been $2.3 million - September 2003.
Thomas O’Brien v. J.D. Scott
Essex Superior Court
We successfully defended J.D. Scott, a subcontractor on a work site where a hotel was being erected. The plaintiff, the head of a subcontracting concrete company alleged to have been struck on the head by a plank dropped by a Scott employee. He sustained a brain injury which, according to two Massachusetts General Hospital physicians, had caused permanent partial disability and had incapacitated him from work over the past four years, as well as causing a myriad of other problems, i.e. loss of hearing. The defendants took the position that if the accident occurred, the plaintiff was struck by a much smaller piece of wood that did not cause the injury complained of. We were also able to introduce into evidence a number of prior work-related injury claims by the plaintiff. The last demand was in excess of $100,000. After a trial over multiple days, the jury returned a verdict for the defendant - May, 2003
David and Mary Ann Ferris v. Thomas Muse
Middlesex Superior Court
We successfully defended the insured homeowner in this case in which the plaintiff, a letter carrier for the United States Postal Service, sustained a torn quadriceps tendon as a result of a slip and fall on snow and ice. The plaintiff alleged that he was caused to fall when he stepped on a crusty ridge of snow caused or created by the chains on the wheels of our client’s snow blower which he argued constituted an unnatural accumulation of snow or ice. The amount of the Federal Worker’s Compensation Lien was $52,000.00, and the trial judge suggested the settlement value of the case was $65,000.00 the day before trial commenced. After a three day trial, the jury returned a verdict for the defendant – April, 2003.
Thomas Rickard v. Linda and Nathan Friedman
Norfolk Superior Court
We successfully defended the insured homeowners in this case in which the plaintiff alleged that he sustained disc herniations at multiple levels of his cervical spine with cord compression and neuropathy, and suffered loss of earning capacity as a result of stepping into a hole in the insured’s lawn and landing on his head, left shoulder and back. The plaintiff testified that the insured acknowledged she was aware of the hole and requested that her landscaper fill it in prior to the incident. The insureds denied any prior knowledge of the hole or that they had contacted their landscaper prior to the incident. After a three day trial, the jury returned a verdict for the defendants – August, 2002.
Gene Bressette v. Donna Bressette
Hampden Superior Court
We defended the insured homeowner in this case in which the plaintiff alleged that he sustained a disc herniation and cervical cord compression, as well as permanent neurological deficits, as a result of his fall down the exterior porch stairs at the insured’s property where he was an invited guest for Easter. Our client had removed the handrails on the stairs two weeks prior to the incident, and the porch light was inoperable due to a longstanding problem with leakage from the roof in violation of the State Building Code. The plaintiff was intoxicated at the time of his fall. After a two day trial, the jury returning a verdict for the defendant – June, 2002.
Rodriguez, et al vs. Bike Athletic Inc., et al
San Diego Superior Court--San Diego, California
We defended a national football helmet manufacturer. The plaintiff collapsed on the sideline minutes after he came out of a freshman football game in November, 1998, and sustained a massive subdural hematoma and significant permanent brain injury. This was a three-week trial. As lead counsel, we tried this brain injury case to a successful conclusion in February of 2001.
Vaysbord vs. Chin
Norfolk Superior Court
We successfully tried this case to a defense verdict. Pedestrian/Automobile accident resulting in severe injuries to the Plaintiff who incurred $65,000.00 in medical bills. Demand $1.2 million going into trial. The Plaintiff pedestrian was hit, thrown onto the Defendant's vehicle imbedding his head into the windshield and then thrown to the pavement. The jury deliberated for three (3) days.
We tried this case to a defense verdict - 2000.
Medeiros vs. GAZ Plumbing Heating
Plymouth Superior Court
We successfully defended this case to a verdict. The plaintiff was permanently injured when a 400 pound boiler he was delivering crushed his leg on the stairs when our clients lost control of it. The plaintiff turned down an offer of $275,000 prior to trial. We tried the case and obtained a defense verdict – 2000.
Walker vs. Schutt Athletic Sales, Inc.
Grayson County Superior Court--Sherman, Texas
This was a three-week trial involving a plaintiff who sustained quadriplegia as a result of making a tackle in a high school varsity football game while wearing our client’s helmet. A judgment for the defendant notwithstanding the verdict was entered following a plaintiffs’ verdict on one of four counts (warnings) which was totally unsupported by the evidence. The jury returned verdicts for the defendant on the remaining three counts - 2000.
Maria and Jose Gomes vs. John a​nd Maria Pires
Hampden Superior Court
We successfully defended the insured landlord in this case in which the plaintiff alleged serious permanent injuries including fibromyalgia, TMJ and musculoskeletal injuries as a result of her fall down the basement stairs at the insureds’ property where she was residing as a tenant. Our client failed to install handrails in violation of the State Building Code and had been cited for additional violations several weeks before the plaintiff’s accident. The jury returned a verdict for our client on the loss of consortium claim. The jury returned a verdict, which included a finding that the plaintiff was 41% contributory negligent and awarded the plaintiff $2,537.00 - 2000.
Allard, et al vs. S&F Contractors , et al
Suffolk Superior Court
We successfully defended this matter which resulted from an incident which occurred during construction of the Fleet Center. The plaintiff, who suffered a permanent knee injury, turned down an offer of $75,000.00 and the jury returned a verdict for our client defendant – 1999.
Estate of George Owens, et al vs. Dave Transportation Services, Inc.
Middlesex Superior Court
The plaintiff allegedly sustained a fatal brain injury when thrown to the floor of the public transit vehicle which we were defending. The plaintiff declined an offer of $100,000.00 prior to trial. The jury returned a verdict for the defendant – 1999.
Robert Cook vs. Edgar Carlson
Norfolk Superior Court
We defended this negligence, breach of warranty of habitability and housing code violation case on behalf of the insured landlord. We obtained a verdict in favor of the defendant – 1999.
William Coen vs. Wilson Lee
Suffolk Superior Court
In this case we defended a general contractor builder against a claim by the plaintiff carpenter who fell from a roof suffering a non-union fracture of his femur. The plaintiff turned down a pretrial offer of $100,000.00. We obtained a defense verdict - 1998.
Jason Cavanaugh vs. Diversified Industries, Inc.
Rockingham County, New Hampshire
We successfully tried this case on behalf of the St. Paul Companies in Rockingham County, New Hampshire. This was a products liability case wherein the plaintiff was crushed by a 1000 pound jet fuel pump which fell on him when our client’s I-bolt component failed. The plaintiff left an offer of $75,000.00 on the table. We obtained a defense verdict – 1998.
Estate of Moss vs. Meineke Muffler
Worcester Superior Court
We successfully tried this case to a defense verdict. This case involved a quadruple fatality wherein our client, Meineke Muffler, had serviced the muffler of a Cherokee Jeep two weeks prior to the deaths of four young adults who were asphyxiated. The plaintiff operator rejected an offer of $250,000.00. We obtained a jury verdict for the defendants – 1998.
Ferreira vs. Nascemiento, et al
Bristol Superior Court
We successfully defended a head-on accident wherein our client collided with the plaintiff who died following a brief period of consciousness. The plaintiffs rejected a six-figure offer and the case went to trial. We obtained a jury verdict for the defendants – 1997.
Knight vs. Schutt Mfg. Co.
Los Angeles Superior Court, California
We defended this helmet litigation case in Los Angeles wherein the plaintiff was rendered a quadriplegic when he made a tackle striking his opponent with the top of his helmet. The plaintiff left an offer of $500,000.00 on the table and the jury in West Central Los Angeles returned a defense verdict on the third day of deliberations –1997.
Kevin Rooney vs. Wanda Shepherd
Middlesex Superior Court
We successfully defended this matter involving serious permanent injuries. The plaintiff fell from a ladder provided by our client defendant, which was allegedly defective and sustained a brain injury. The jury returned a verdict for the defendant – 1996.
Hyman vs. Gruman Olson
Plymouth Superior Court
We successfully defended this death case. This case involved a double fatality wherein a newspaper delivery vehicle manufactured by Gruman Olson overturned. The passenger was ejected and made a products liability claim for improper restraints of passengers and improper warnings. The plaintiffs left a six-figure offer on the table. The jury returned a verdict for the defendants – 1996.
Marlene Standell vs. Daniel Markson
Norfolk Superior Court
We successfully defended this case involving a boating accident wherein the plaintiff turned down an offer of $100,000 for injuries she sustained when she was thrown from our client’s power boat in Boston Harbor after it struck a submerged object.- We obtained a defense verdict – 1995.
Moore vs. AHI
Meridian, Mississippi
We defended the helmet manufacturer in a suit by a plaintiff who became a quadriplegic following a tackle in a football game. Defense verdict – 1995.
Mulroy v J.A. Marino Electrical and Edward O’Keefe
Suffolk Superior Court
This case arose out of a workplace altercation between the plaintiff and co-defendant. The plaintiff, who sustained serious injuries including nerve damage and bulging discs, received workers’ compensation benefits from his employer and filed a third-party suit against the co-defendant and our client. The plaintiff alleged that the co-defendant was an employee of our client, an affiliated company, rather than a co-worker for the same employer. The plaintiff’s wife alleged a loss of consortium. Summary judgment was granted by Judge Peter Lauriat for the defendants – 2001.
Sharon Kelleher vs. LoLaw Transit Management, Inc.
Middlesex Superior Court
This case involved employment litigation and the plaintiff claimed that she was the object of sexual harassment and sexual discrimination. Summary Judgment was granted by Judge Judith Fabricant for all defendants – 1999.
Roberto Rivera, et al vs. D.R. Kenyon & Sons, et al
U.S. District Court, Massachusetts
We successfully argued a Motion for Summary Judgment on behalf of defendant D.R. Kenyon & Sons, Inc., a textile oven manufacturer pursuant to the Massachusetts Statute of Repose. The plaintiffs were two severely burned employees as a result of a March 16, 1993 explosion and fire at Malden Mills – 1999.