Personal Injury Settlements and Verdicts

7/2/09 $70,000 Settlement: Civil rights-Illegal Strip Search

On March 7, 2007 at approximately 9:00 PM, the Plaintiff, age 17, and her three friends were stopped by the Dartmouth police for a broken tailight. The officer ordered the four teenagers out of the car and asked if they had any pot in the car.

All four denied that there were any drugs either in the car or on their person. All four were pat frisked and nothing was found. However, as the Plaintiff stepped from the car the officer noted that the top button of Plaintiff's pants were unbuttoned and accused her of having stuffed pot down her pants. The plaintiff explained that she had just been to Wendys and her pants were tight. Nevertheless the Dartmouth officer summonsed  a female State Police officer to perform a strip search of the Plaintiff.

Upon arrival at the scene the State Police officer ordered the Plaintiff to lower her pants and proceeded to perform a strip search of the plaintiff. Nothing was found. The Plaintiff did not seek or receive any medical or psychological treatment.

The Plaintiff retained Brian Cunha & Associates to represent her and after extensive discovery the case was settled. The trial was sceduled to commence in August 2009. Full Story

6/25/09 $800,000 Settlement: Automobile Accident

On January 10,2007, the female plaintiff, age 42, was operating her vehicle westbound on Fall River Avenue, in Seekonk, Massachusetts, when a Ford tow truck operated by the Defendant, travelling easterly took a left hand turn in front of ver vehicle resulting in a collision. The plaintiff suffered s a severe injury to her foot and ankle resulting in two surgeries.

The Defendant claimed that the plaintiff was responsible for the accident as she was speeding and that his overhead amber stoble lights were illuminated.

Brian Cunha & Associates employed an accident reconstructionist and an investigator who were able to locate two witnesses to the accident. They confirmed that the majority of the fault for the accident rested with the Defendant. The accident reconstructionist was able to retrieve the "black box" from the plaintiff's car that recorded the plaintiff's speed for the 5 seconds that preceedeed the collision.

The case was settled by Attorney Brian Cunha and the Defense attorney for the insurance company after a day long mediation session with Attorney Paul Finn from Commonwealth Mediation in Brockton Massachusetts.

6/1/09 $115,000 Settlement: Defective Hand Jack

The plaintiff, age 52 was employed as a truck driver for his Fall River employer since 1999. He was often required to use a "hand jack" to move pallets of chemicals. Over time the wheels to the hand jack had deteriorated and would not roll properly. On 12/6/04,while attempting to move a skid with the defective jack, the employee injured his back.

The employee retained Attorney Honey Polner from Brian Cunha & Associates to review his claim. Ms Polner from Brian Cunha & Assocites had the "hand jack" inspected by its experts and concluded that the Jack was defective. Brian Cunha & Associates filed suit on his behalf. After discovery and at a mediation conducted in Boston, the case settled. 

In addition, through the efforts of Brian Cunha & Associates, the employee collected workers compensation for the period of time that he was out of work

5/15/09 $577,500 Settlement: Automobile/Pedestrian accident

On the evening of January 16,2008, the female plaintiff, age 77, was walking her dog in Somerset Massachusetts. When she attempted to cross the street to return to her home she was struck by the Defendant, a college student. The Plaintiff suffered a badly fractured leg requiring surgery.

The state police accident reconstructionist officer who investigated the accident concluded that the accident was the fault of the Plaintiff who he claimed walked into the road without looking.

Brian Cunha & Associates retained its own accident reconstructionist and after extensive discovery, Attorney Sharon Sybel from Brian Cunha & Associates was able to convince the insurer that the Defendant was speeding which was the primary cause of the accident.

The case settled after a day long mediation before attorney William Poore in Providence Rhode Island. The Plaintiff placed a portion of her settlement into a trust to provide college tuition for her two grandchildren. The plainiff's dog princess was unharmed!

4/22/09 $350,000 Settlement: Improper placement of sign

On 2/16/04 the plaintiff, a 16 year old girl, was tragically injured, causing the loss of her right arm, when the vehicle in which she was a passenger was struck by a 30' tow truck that negligently backed from a driveway onto the highway in which her vehicle was travelling, resulting in the collision.

The claims against the driver of the truck and the Plaintiff's vehicle were previously settled by Brian Cunha & Associates.
 
Brian Cunha & Associates brought an additional claim against the commercial owners of the driveway claiming that a sign that had been erected by their tenant at the end of the driveway obscured the vision of the truck driver as he backed from the driveway. The plaintiff's case was severely weakened by the 80 year old truck driver's testimony that the sign did not interfere with his view of the road or oncoming traffic.

The defendant argued that the negligence solely belonged to the truck driver, the automobile driver and the tenant that erected the sign. During the nine days of trial, Attorney Brian Cunha was able to convince the Defendant that the sign may have interfered with the truck driver's view and the case settled shortly before the jury was to decide the case.

2/9/09  $50,000 Settlement: Wrongful Discharge  Garant v. Town of Westport et.al.

On March 7,2008, David Garant, was fired by his supervisor, Harold Sisson, from his position as a truck driver for the Westport Highway Department claiming that Garant had lost his drivers license. Mr Garants' union refused to file a grievance and Garant contacted Brian Cunha & Associates. At Attorney Brian Cunha's  request a hearing was held on June 2,2008, wherein it was determined that Sisson did not have the authority to fire our client and he was reinstated commencing July 1,2008. However upon his return Sisson refused to allow Mr. Garant to return to work.

Brian Cunha & Associates commenced a lawsuit in the Fall River Massachusetts Superior Court against the Town, Sisson and the union. At a mediation held in Boston in November 2008, the town agreed to settle the claim with Mr. Garant fo $50,000. The claim against the union is ongoing  
For More See: FR Herald news story August   2007
                    FR Herald News story October  2007
                    Fr Herald News story  January  2009
                    Fr Herald News Editorial January 2009

1/22/09  $235,000 Partial Personal Injury Settlement-Automobile/Pedestrian Accident

The Plaintiff, a 56 year old female from East Boston, was in the process of removing a shopping bag from the trunk of an acquaintances car, who had double parked on the road, when she was struck by a female drunk driver causing her to be pinned to the rear of the vehicle. The automobile accident resulted in serious personal injuries including the loss of her right leg.
Brian Cunha & Associates a brought claims against the  drunk driver, who received a jail sentence of 5-7 years at ACI Framingham, the driver of her car and the bar/restaurant where the drunk driver had left moments before the crash. This personal injury settlement which was just short of the automobile policy limit, is against the insurer/driver of her car only, the other cases remain pending. 

Brian Cunha & Associates' theory against the driver was that she should not have double parked. It was disputed whether she had put her flashers on. The personal injury case was settled one week prior to the start of trial.

12/10/08  $150,000 Personal Injury Settlement; Fall Down Accident, Unnatural Accumulation of Snow & Ice

The plaintiff, male, age 58, suffered a personal injury/fractured leg when he slipped on ice and slush on the walkway leading to the apartment of his friend. The insurer initially denied the claim stating that snow and ice are a natural condition and therefore not compensable and that the hospital records revealed that Brian Cunha & Associates client client was drinking just prior to the accident. 

Brian Cunha & Associates' investigation revealed however that shortly before the accident the landlord had failed to install gutters on a recent renovation of the building and had received complaints that excess water was running off the roof causing pooling and freezing of the on the walkway.
 
The case was settled soon after Brian Cunha & Associates filed suit in the New Bedford Massachusetts Superior Court. At the deposition of the Defendant's maintenance foreman he admitted to knowledge of the dangerous condition and the personal injury lawsuit was settled for the amount above

11/14/08  $350,000 Personal Injury Settlement; Wrongful death;   Homeowner Liability

This case involved the tragic death of a 16 year old girl in a motor vehicle accident that occured in Norwell, MA. in August 2003. On the evening of the motor vehicle accident the teeenager had stopped by a house party in Scituate, Massachusetts with her girlfriends that was being hosted by the teenage son of the homeowners who were away. The decedent was offered a ride home by one of the teenage boys who had consumed a number of beers at the party and was intoxicated. On the drive home the boy lost control of the car resulting in the personal injuries and death of the decedent and her girlfriend. A claim was brought by Brian Cunha & Associates against the negligent driver of the automobile and the teenage boy that hosted the beer party.

The automobile accident insurer of the automobile driven by the boy offered their automobile accident policy limits, but the accident homeowners insurer denied liability claiming that the host did not supply the beer consumed by the driver at the party. The Defendants and witnesses, who had attended Catholic Memorial H.S. together, claimed that the driver had brought his own beer to the party. The driver claimed to have found the beer earlier that day at the beach and did not consume the beer supplied by their teenage host.

The case brought by Brian Cunha & Associates proceeded to trial. After four days of trial the personal injury/death case settled when it became clear that the "beer at the beach" story was concocted and untrue. 

10/15/08   Court approves $24 Million Pet Food     Personal Injury Settlement

The Federal District Court of New Jersey has approved the $24 Million personal injury Pet Food settlement with the pet food distributers and manufacturers that was first announced by Brian Cunha & Associates on 5/28/08. The court approval of the personal injury settlement allows for the distribution of settlement checks to Brian Cunha & Associates clients and other plaintiffs from around the country sometime in early 2009.
Click here for more

9/8/08      $176 Million Personal Injury Settlement:      Station Fire Case
                   
Brian Cunha & Associates and the other lawyers for the personal injury fire victims finalized the last of a raft of tentative personal injury settlement agreements that have been reached in the Station Fire personal injury mass tort case, all of which must be approved by each of the personal injury fire victims and by Judge Lagueux, the Federal District Court judge overseeing the case. Altogether, more than $176 million has been offered to those who suffered personal injuries or who lost family members in the fire.

The fire killed 100 people and injured more than 200 others. It began when sparks from fireworks set off by the rock band Great White ignited highly flammable polyurethane foam that the owners of the club had installed as soundproofing.

The wood-frame building on Cowesett Avenue in West Warwick was a deathtrap, awash in building and fire-code violations, when it filled with flames and toxic smoke the night of Feb. 20, 2003. The overcrowded club became engulfed within three minutes; many of those who died were caught in a stampede for the door. The nightclub had no sprinklers.

The Station fire was the fourth-deadliest nightclub fire in U.S. history.

Great White's tour manager, Daniel M. Biechele, who set off the pyrotechnics without a permit, was sent to prison after pleading guilty to 100 counts of involuntary manslaughter. He was paroled in March, after serving less than half of the four-year prison sentence he was given. The owners of the club, Michael and Jeffrey Derderian, each pleaded no-contest to the same involuntary manslaughter charges.

8/6/08  $200,000 Personal Injury Settlement: Wrongful Death/ Automobile Accident

This tragic accident involves the personal injury claims of three minor children whose mother and father were killed in a motor vehicle accident in an automobile driven by their father. The vehicle in which the family were traveling skidded off the highway in poor weather resulting in the death of both parents. The personal injury/death claim of the widow had previously been settled by Brian Cunha & Associates for $100,000, the maximum available under the fathers' motor vehicle accident insurance policy. Brian Cunha & Associates filed suit in the Fall River Massachusetts Superior Court.

After numerous negotiations the automobile accident insurer agreed to the personal injury settlement. The personal injury settlement agreed upon by Brian Cunha & Associates for the three minor children was the maximum insurance available under the fathers personal injury automobile accident insurance policy 

6/23/08   $325,000 Personal Injury Settlement: Automobile Accident

Brian Cunha & Associates client, a 15 year old teenage boy, was a passenger in an automobile operated by his friend on Rte. 4 in East Greenwich, RI.  The driver of the car negligently attempted to pass the vehicle in front of him and accidentally struck the rear passengers door of the car, causing him to lose control and travel off the road and rollover. Brian Cunha & Associates' client sustained a concussion, lacerations and a fractured wrist. Our client was treated for approximately five  months and regained complete use of his right hand.

The case was settled after Brian Cunha & Associates filed a lawsuit in the Providence Rhode Island Superior Court and our office was able to convince the personal injury insurance carries of the value of the personal injuries sufferd by Brian Cunha & Associates young teeenage client

4/24/08    Tiverton Toxic Tort Settlement 

Brian Cunha & Associates is pleased to announce the personal injury/property settlement of the Tiverton Toxic tort soil contamination claims that were settled with Southern Union this week on behalf of Brian Cunha & Associates and other clients.

The settlement ends years of litigation in the Federal District Court in Rhode Island and represents an end to the plight of the residents.Click here for more information

3/28/08      Medtronic/Guidant Defibrillator/Pacemaker
                      Mass Tort Personal Injury Settlement

Brian Cunha & Associates  is pleased to announce the personal injury settlement of Brian Cunha & Associates cases in Fall River Massachusetts, New Bedford Massachusetts, Southeaster Massachusetts and Providence Rhode Island, involving defective cardiac pacemakers and defective defibrillators which were recalled from the market in early 2005 by the manufacturers of these devices, Medtronic Inc., and Guidant Corp.(which has been acquired by Boston Scientific). 

The personal injury settlement by Brian Cunha & Associates resolves approximately 50 claims filed 
 by Brian Cunha & Associates' client's behalf over battery defects in the implantable pacemakers/defibrillators. The heart devices are designed to automatically send electric jolts tocorrect heart rythms that are potentially fatal: View More 

In a related matter, Brian Cunha & Associates is currently represents dozens of persons that suffered personal injury, against Medtronic Inc. over defective sprint fidelis leads in Medtronic defibrillators. Brian Cunha & associates is  currently accepting cases involving Medtronic Sprint Fidelis Cardiac Defibrillator Leads, serial numbers 6930,6931,6948 and 6949, which were the subject of a product advisory in October of 2007. 

3/13/08    Massachusetts Appeals Court Affirms 
      $120,000  Judgment    Evans v. Raposo

In a case of first impression,the Massachusetts Appeals Court today denied the appeal of the defendants insurer,The Massachusetts Insolvency Fund, on a personal injury judgment obtained by Brian Cunha & Associates  in a personal injury motor vehicle accident case, against the fund in the amount of $120,000. Brian Cunha & Associates was able to convince the court that the service of process defense, waged at the 11th hour by the Defendant, was waived.     Click for full Opinion

On June 27, 2007, Brian Cunha & Associate clients, husband and wife, were operating their moped on Kempton Street in Fall River Massachusetts, when they were struck by a negligently driven motor vehicle that had run the stop sign

 As a result of the motor vehicle accident accident the husband sustained personal injuries including a fractured pelvis which required surgical intervention, including, neck, arm and knee sprains and multiple contusions. His wife sustained personal injuries including a fractured thumb and a deep laceration to her leg. Both required hospitalization and outpatient therapy.

A lawsuit was filed in the Fall River Massachusetts Superior Court and a demand for the automobile accident insurance policy limits of both the operator's household policy and the owner of the vehicle's automobile accident insurance policy were made. After some negotiation the automobile accident insurer to Brian Cunha & Associate the maximum available under the policies totalling $100.000.00. 

After the applicable set-off, Arbella, the under-insurer for brian Cunha & Associate client paid their full personal injury policy limits on behalf of the husband in the amount of $200,000.

  The wife's personal injury claim for the remaining $200,000.00 is still pending as she is still undergoing medical care and has not reach a medical end-result.

9/25/07   $1.292 Million Settlement: MTBE Ground   Water Contamination

The plaintiffs are thirty-four separate property owners located in Taunton MA., whose property wells were contaminated by a spill of gasoline.. more

 

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Have you been injured in RI or MA? Do you need someone on your side that will fight for your rights and get the money you deserve for your injuries?

Count on Brian Cunha & Associates 
Rhode Island, Fall River and New Bedford, Massachusetts
Personal Injury Attorneys

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