Settlements & Verdicts 2006
- $1,292,000.00 Settlement September, 2006 MTBE Ground Water ContaminationThe plaintiffs are thirty-four separate property owners located in Taunton MA., whose property wells were contaminated by a spill of gasoline containing the additive MTBE, an oxidant added to gasoline, that had migrated from a leaking underground storage tank located on the defendants property. The Plaintiffs sued the defendant in Rhode Island Federal Court alleging negligence and strict liability. The case was settled after the first scheduling conference. The settlement requires that the defendant pay each homeowner the sum of $38,000.00. In addition, the Defendant had previously agreed to install piping to the entire neighborhood to connect the neighborhood to the city water supply. This requirement has been fulfilled. The defendant was prepared to argue that the contamination is not a carcinogen and all tests have not linked MTBE to any increased health risks. The defendant also asserted that although there was some intrusion into the home owner’s wells that the level of MTBE found was below the accepted state limits and as such damages were negligible. Moreover, the defendant claimed that they had remedied the problem with the properties by providing town water and as such there was no harm to their properties or impact on property values.
- $75,130.33 Jury Verdict: September 2006 – Premises LiabilityOn January 25, 2001 the plaintiff was walking out the door of an apartment building to get the newspaper when his pant leg was caught by a piece of the metal skin on the exterior door causing him to trip and fall suffering a back injury. The homeowner’s insurance company denied liability and refused to settle. A lawsuit was filed and the case was tried to a verdict in the Taunton Superior Court. The jury returned a verdict in favor of the plaintiff. The homeowner’s insurance company appealed the verdict and the Mass. App. Court affirmed the verdict for our client.
- $100,000.00 Settlement: August ,2006 – Driver Injured after Motor Vehicle CollisionThe 33 year old female plaintiff was injured when her auto was struck by the defendant who failed to grant the plaintiff the right of way. The plaintiff suffered neck and back pain that required surgical intervention in the nature of a cervical discectomy. The Plaintiff had a good result and was able to go back to work and resume her normal activities. The policy of insurance was tendered upon demand without the need to file litigation.
- $60,000.00 – Settlement; July, 2006 – Premises LiabilityA 51 year old male residing in a tenement house in Providence RI was descending the stairs, in his stocking feet, leading to the basement to do his laundry, when he slipped and fell hitting his shoulder on the wall to the right of the staircase and landed on his knee. As the result, he suffered a left knee and right shoulder contusion and a right ankle sprain and he was unable to work for 8 months. Based on claims of inadequate lighting and the unreasonably dangerous condition of the stairs, the case settled for $60,000.00.