Settlements & Verdicts 2018

October 10, 2018 North Andover and Lawrence Gas explosions

Brian Cunha and Associates in conjunction with the Napoli Shkolnik law firm from New York, and attorney Dave Raimondo are proud to be working with the citizens of Massachusetts that have recently suffered damages as a result of the Columbia gas fires and explosions in Andover, North Andover and Lawrence, Massachusetts. On Friday, September 28,2018, Brian Cunha & Associates commenced two separate legal actions against Columbia Gas and its parent company.

The first action was filed as a class action and seeks to recover business losses for local businesses harmed by the gas outage and the fires. The class, if certified by a judge, seeks to include all businesses that have lost earnings or revenue as a result of Columbia Gas and its negligent conduct.

The second action was filed on behalf of Dean and Mona Thornhill and their family. The Thornhill’s family home in North Andover was severely damaged by fire and smoke. This case seeks to recover damages for the Thornhill Family including property damage , out of pocket expenses , mental anguish damages.

By way of background Brian Cunha and the Napoli firm bring a wealth of legal experience to these cases. Brian Cunha represented more than 23 families in the 2001 infamous Station House Fire case in which 100 people died and hundreds injured. Paul Napoli was instrumental in obtaining settlements for thousands of firefighters and other first responders in the 9/11 tragedy.

Brian Cunha and Associates, together with our sister firms stand ready to assist any of the residents or businesses of Andover, North Andover or Lawrence. Our hearts, thoughts and prayers go out to the many victims of this disaster. We call upon Columbia Gas to fairly compensate all of the victims as quickly as possible.

https://www.boston25news.com/news/as-temperatures-drop-merrimack-valley-residents-take-matters-into-their-own-hands/853773449

9/20/18 $150,000.00 Settlement Slip and Fall

On May 27, 2016, the Plaintiff, age 85, was caused to slip and fall while exiting a sports facility building located in Somerset, MA. that allows patrons to host parties in which participants can engage in activities such as soccer, touch football or basketball.

On said date, the Plaintiff was at a birthday party for her grandson. While leaving she was caused to trip over uneven pavement located on the outside walkway. As a result of her fall, she suffered a fractured hip. After surgical intervention, the Plaintiff had a full recovery.

The Plaintiff came to our personal injury law firm, Brian Cunha & Associates, approximately one and a half years after she fell. The case was complicated because at the time of her fall, she did not notify anyone from the Somerset facility that she had injured herself at their facility. After submitting medical documentation to support the Plaintiff’s contention as to where her fall occurred, Attorney Sharon D. Sybel, from Brian Cunha & Associates was able to settle her case after filing a lawsuit.

The important lesson to be learned is that if you are involved in any incident where you are injured on someone’s premises, as soon as practical you should do the following:

1). Seek medical attention if necessary

2). Alert the owner

3.) Fill out an accident report and request a copy, and

4). Take photos of where you fell and of any injuries you may have sustained.

By following these steps, you are more likely to prevail against the property owner who may be negligent.

August 8, 2018 Combined Settlement $446,712.00 — Injury on job – struck by Backhoe

On September 26, 2013 the Plaintiff Mr Moniz, 27, was injured while working as a laborer on a construction project in Providence, Rhode Island, involving the removal and replacement of curbing on various roadways throughout Providence. The crew on which he was assigned consisted of himself, a second laborer, the foremen and the operator of the backhoe that lifted the pieces of curbing being replaced onto a dump truck.

On the day of the incident, the first day at that location, at approximately 8:00 a.m., Mr Moniz was struck by the backhoe loader bucket being operated the Defendants employee, causing his body to be thrown into an iron fence adjacent to the sidewalk where they were working, injuring his left shoulder and lower back.

LIABILITY

The Plaintiff contacted Brian Cunha & Associates to represent him in this accident. Our office claimed that the only reason the accident occurred was due to the negligence of the backhoe operator, who failed to ensure that the curbing being lifted was properly secured. The Defendant claimed that the Plaintiff improperly failed to stay clear of the backhoe while it was being operated.

WORKERS COMPENSATION

Brian Cunha & Associates were initially able to have Mr. Moniz placed on workers compensation retroactive to September 26, 2013, with an average weekly wage of $1,366.74 per week at a compensation rate of $746.48. He remained on workers compensation with full benefits, including payment of all of his medical expenses for approximately 3 ½ years until January 30th 2017, when his workers compensation case case was settled by Attorney Nelia Destefano from Brian Cunha & Associates in the amount of $68,212.15.

CLAIM AGAINST COMPANY EMPLOYING BACKHOE OPERATOR

Brian Cunha and Associates then institued suit against the Company that employed the backhoe operator.

Both the Plaintiff and the backhoe operator testified that the incident occurred as a result of the loss of control of a piece of curbing that the operator had just lifted and was attempting to load onto the waiting dump truck parked adjacent and to the left of the Backhoe loader bucket. The operator testified that when he recognized that he was losing control of the curbing, in order to avoid damage to the dump truck, swung the loader bucket back to the right continuing the swing past the area in which the curbing had been lifted and over the sidewalk on which Mr. Moniz was standing, causing the bucket to strike him.

The Defendant claimed that Moniz had placed himself within the swing radius of the boom and backhoe bucket and was therefore contributorily responsible for his injuries. The Plaintiff was prepared to offer expert testimony that it is the duty of the operators of the tractor loader backhoe to make sure that the load is properly secured before lifting the load, which the operator failed to do.

WORKERS COMPENSATION

Brian Cunha & Associates were initially able to have Mr. Moniz placed on workers compensation retroactive to September 26, 2013, with an average weekly wage of $1,366.74 per week at a compensation rate of $746.48. He remained on workers compensation with full benefits, including payment of all of his medical expenses for approximately 3 ½ years until January 30th 2017, when his workers compensation case case was settled by Attorney Nelia Destefano from Brian Cunha & Associates in the amount of $68,212.15.

WORKERS COMPENSATION

Brian Cunha & Associates were initially able to have Mr. Moniz placed on workers compensation retroactive to September 26, 2013, with an average weekly wage of $1,366.74 per week at a compensation rate of $746.48. He remained on workers compensation with full benefits, including payment of all of his medical expenses for approximately 3 ½ years until January 30th 2017, when his workers compensation case case was settled by Attorney Nelia Destefano from Brian Cunha & Associates in the amount of $68,212.15.

WORKERS COMPENSATION

Brian Cunha & Associates were initially able to have Mr. Moniz placed on workers compensation retroactive to September 26, 2013, with an average weekly wage of $1,366.74 per week at a compensation rate of $746.48. He remained on workers compensation with full benefits, including payment of all of his medical expenses for approximately 3 ½ years until January 30th 2017, when his workers compensation case case was settled by Attorney Nelia Destefano from Brian Cunha & Associates in the amount of $68,212.15.