2/15/2010 – $805,000 Settlement: Drunk Driver Strikes Pedestrian After Leaving Bar
The Plaintiff, female, 61, was seriously injured, causing the loss of her right leg, in East Boston at approximately 9:00 PM, in August 2004, while unloading packages from the trunk of an automobile in which she had been a passenger.
The plaintiff was struck, causing her yo be pinned to the rear of the vehicle, by a 100 pound 46 year old intoxicated female, who had just left a local restaurant/bar where she had consumed approximately 3-4 glasses of wine over a period of 1-1 1/2 hours.
The Driver was arrested at the scene and subsequently convicted of driving under the influence and sentenced to serve 5 1/2 year in prison.
The case was originally handled by a law firm from Boston that filed suit against the intoxicated driver,who had a minimal insurance policy and the driver of the car in which plaintiff had been a passenger, who also had a minimal insurance policy. The Boston firm, however failed to sue the bar in which the driver had become intoxicated.
In October 2008, shortly before trial was scheduled to start, the plaintiff chose to discharge the Boston firm and retained Brian Cunha & Associates to represent her in her claim.
Although the statute of limitations had run against the bar, our office immediately, sought to add the bar as a Defendant. Although, strongly opposed by counsel for the bar, our office was able to convince the trial judge to allow us to add the bar as a Defendant in the case.
Depositions of their personell and owners of the bar were taken, however due to the delay in adding the bar, there was a significant time gap and loss of crucial information.
The case was subsequently mediated at Commonwealth Mediation in Brockton Massachusetts, before retired chief Judge Suzanne Del Vecchio and the case settled after a full day session.