Settlements & Verdicts 2008

  • 12/10/08 $150,000 Personal Injury Settlement; Fall Down Accident, Unnatural Accumulation of Snow & IceThe 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 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 Settlement; Wrongful death; Homeowner LiabilityThis 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 SettlementThe Federal District Court of New Jersey has approved the $24 Million personal injury Pet Food settlement with the pet food distributors 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.
  • 9/8/08 $176 Million Personal Injury Settlement: Station Fire CaseBrian 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 AccidentThis 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 AccidentBrian 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 SettlementBrian 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 SettlementBrian 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 MoreIn 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. RaposoIn 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.
  • 3/1/08 $4.85 Billion Vioxx Personal Injury SettlementBrian Cunha & Associates is pleased to report the personal injury settlement of our Vioxx Fall River Massachusetts, New Bedford Massachusetts, Southeastern Massachusetts and Providence Rhode Island clients’ pharmaceutical claims against Merck Pharmaceuticals. More than 44,000 personal injury clients nationally have signed up for shares of a $4.85 billion personla injury settlement over the withdrawn painkiller Vioxx. Of roughly 47,000 people who registered for the personal injury settlement earlier this year, more than 44,000, including scores of Brian Cunha & Associates clients, have submitted all of the paperwork necessary for enrollment in the personal injury settlement.

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