11/20/14 Settlement $100,000.00

by Brian Cunha on January 6, 2015

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9/19/14 Jury Verdict: $100,000.00 Dog Bite

by Brian Cunha on September 26, 2014

9/19/14 Bristol Superior Court:

After a three day Trial in the New Bedford Superior Court, a jury rendered a $100,000.00 verdict for the Plaintiff who was represented by Attorney Sharon Sybel from Brian Cunha & Associates, against the owner of a pit bull whose dog caused serious injuries to the Plaintiff .

The incident occurred on April 5, 2011 when the female Plaintiff,46, a tenant of the Defendant, went to the first floor apartment to return borrowed keys. After the Plaintiff knocked on the door, the Defendant’s girlfriend opened the door and the Defendant’s two pit bulls ran out into the hallway where the Plaintiff was standing. One of the dogs bit the Plaintiff on the right foot causing injury.

Critical to the case were photographs of the Plaintiff’s injured foot taken just after the incident. (As in many cases, prior to surgery, the orthopedic surgeon took several photographs of the Plaintiff’s foot that were shown to the jury during the course of the Trial.) Attorney Sybel was able to secure those photos for trial. The impact of these photographs undoubtably aided the jury in understanding the significant pain and suffering sustained by the Plaintiff which was reflected in their verdict.( The lesson to be learned is that photos are very important and can speak a thousand words)

The Defendants defense at trial was that the defendant was not liable as prior to the attack the Plaintiff had teased the pit bulls. The Defendant also attempted to introduce evidence of the Plaintiff’s prior criminal record and character to negatively influence the jury.

Crucially in this case Attorney Sybel was able to successfully convince the judge that the plaintiffs criminal record was irrelevant to the real issue before the court as to whether the dog had bitten the Plaintiff and whether the plaintiff was at fault and that the sole reason that the Defendant was attempting to introduce this evidence was to prejudice the jury against the Plaintiff. The judge sided with Attorney Sybel and disallowed the prejudicial evidence

Again critically, at the completion of the trial, Attorney Sybel also successfully argued to the trial Judge that the defendant had failed to introduce sufficient evidence that the Plaintiff had teased or tormented the dogs to allow the jury to decide the issue. The Judge agreed and found as a matter of law that the Plaintiff did not tease the dogs and found the Defendant responsible for the dog bite, leaving the jury to decide damages After a three day Trial in the New Bedford Superior Court, a jury rendered a $100,000.00 verdict for the Plaintiff who was represented by Attorney Sharon Sybel from Brian Cunha & Associates, against the owner of a pit bull whose dog caused serious injuries to the Plaintiff .

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3/19/14 $500,000 verdict against State of RI

March 19, 2014

$500,000.00 Jury Verdict Awarded Today to LPN Injured at R.I. Veterans Nursing Home PROVIDENCE: After a week-long trial, a six-person jury sitting in the Providence Superior Court today rendered a $500,000.00 verdict against the State of Rhode Island in favor of Victoria Roach of Newport, who was injured in 2008 at the R.I. Veterans Home [...]

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10 Plaintiffs File Rabies Lawsuit against the Owner of Gray’s Ice Cream

January 9, 2014

A lawsuit was filed yesterday in Rhode Island Superior Court in Newport on behalf of ten people, eight of whom are children, who faced possible exposure to rabies after having contact with a calf at Tiverton Four Corners last July. The case generated considerable attention at the time. The calf, named Oreo, had bitten a [...]

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In Court, always tell the truth or else: “Oh what a tangled web we weave when at first we practice to deceive”

December 24, 2013

12/24/13 No witness takes an oath simply to tell the truth. The oath at the beginning of testimony is to tell “the truth, the whole truth, and nothing but the truth.” Like many things in our normal lives, we tend to blur it all together into one image. But like many things in the precise [...]

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Rotten Tree results in $140,000.00 settlement

October 1, 2013

On November 3, 2007 the male plaintiff, age 72, was traveling in his car down Bayview Avenue in Bristol, Rhode Island, when a large Norway Maple tree fell over, crushing his vehicle and causing injury to his neck. The Plaintiff retained the offices of Brian Cunha and Associates to investigate the cause of the accident. [...]

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Texting While Driving is against the Law

July 26, 2013

Many people do not know that it is illegal to not only text while driving but also to read a text while driving. Only recently our office was involved in an case where a young woman, who was distracted while looking at a text on her cell phone, seriously injured a young man on a [...]

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Is Toyota Telling the Truth About Sudden Acceleration?

March 14, 2013

Toyota says its problems with sudden unintended acceleration are in the rearview mirror, but newly disclosed documents that werte cited in a recent article raise questions that experts say have not yet been answered. This article points out the necessity of lawyers and the judicial system in keeping the manufacturers honest and the public safe. [...]

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NINE SECRETS USED BY INSURANCE COMPANIES TO DEFEAT YOUR CASE!

January 31, 2013

1. Call 911. Insurance companies love it when accidents are not reported immediately. They know only too well that without the report of an accident immediately to a police officer, or other official who will arrive at the scene to document and investigate the incident, the credibility of the plaintiff is put into question, as [...]

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Consumer Protection Bureau makes sweeping new Rules to help homeowners facing foreclosure

January 17, 2013

1/17/13 In a recent article in the National Law Journal a new rule made final January 17, the Consumer Financial Protection Bureau established new protections for homeowners facing foreclosure, imposing sweeping new restrictions on the conduct of mortgage servicer’s. Servicer’s, hereinafter, “bank”, which collect mortgage payments on behalf of banks and typically handle customer service, [...]

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