Settlements & Verdicts 2025

April 10, 2025 Settlement - $725,000.00 Trip and Fall at Construction Site

Our Client, 38, was an employee of a subcontractor who in June 2022 entered a construction site at a shopping center in Freetown, Massachusetts for the 1st time. As Client entered the building, he was caused to trip over a piece of plywood that was in the entryway.

The plywood was placed there by the Defendant contractor to protect the floor from pedestrian traffic, however, the placement was such that it became a foreseeable hazard, as the plywood was uneven and raised. Plaintiff caught his foot on the raised plywood, twisted his left knee and fell to the concrete floor, causing serious injury to his left knee. The defendant claimed that he did not place the plywood and that the Plaintiff should have seen the plywood and denied liability.

As a result of the Fall Plaintiff suffered a Left Knee Fracture that required Plaintiff to undergo several surgeries.

Our office filed suit, and after depositions in which we were able to establish that the Defendant was responsible to inspect the site to insure that the site was safe for all persons entering the facility, the case settled for $725,000.00.

Attorney Brian Cunha Secures $2 Million Settlement with National Grid Following 2019 Gas Outage on Aquidneck Island

Christian Winthrop· January 13, 2025 : The Buzz

According to recent court filings in Rhode Island federal court, a settlement has been reached with National Grid regarding the catastrophic Aquidneck Island gas outage in January 2019.

Attorney Brian Cunha of Brian Cunha & Associates negotiated a $2 million settlement, marking a significant victory for the residents and businesses of Aquidneck Island. The agreement, approved by the Federal Court in Providence, provides compensation to those affected by the week-long crisis, which left thousands without heat or hot water during the harsh winter.

The outage occurred on January 21, 2019, when National Grid shut down its gas distribution system on Aquidneck Island after dangerously low pressure was detected in the pipelines serving Newport and Middletown. Approximately 7,000 homes and businesses were affected, with some properties rendered uninhabitable until service was restored.

A lawsuit filed by affected residents and businesses accused National Grid of negligence. Plaintiffs claimed the company’s failure to maintain adequate pressure in its natural gas pipeline systems directly caused the outage, resulting in significant disruptions and financial hardship.

Following extensive discovery, Attorney Cunha successfully mediated the $2 million settlement to provide relief for the loss of property use during the outage. In addition to the settlement, National Grid had previously distributed over $3 million for lodging, food, and heating assistance in the immediate aftermath of the crisis.

“This settlement reflects our commitment to ensuring justice for those who suffered during this unprecedented event,” said Attorney Cunha. “It’s about holding companies accountable and helping the community recover.”

A substantial portion of the settlement will directly benefit the community, with $1.1 million allocated to low-income heating assistance. Ninety percent of these funds will support the Low-Income Home Energy Assistance Program (LIHEAP), administered by the East Bay Community Action Program (EBCAP), providing aid to Newport and Middletown residents. The remaining 10% will be directed to the Local Initiatives Support Corporation (LISC), which assists local businesses impacted by the economic fallout of the outage.

The settlement also underscores the importance of robust infrastructure to prevent future crises. The events of January 2019 exposed vulnerabilities in the gas pipeline system serving Aquidneck Island, managed by National Grid.

“This is not just about compensation—it’s about ensuring a stronger, more resilient system moving forward,” Cunha emphasized.

The $2 million settlement serves as both restitution and a community investment, offering critical support to those most in need. It also highlights the necessity of corporate accountability to safeguard essential services and prevent similar disasters in the future.

March 15, 2025 – Settlement: $2,000,000.00 Auto/Pedestrian Accident

On December 7, 2023 at approximately 5:30 p.m., the Plaintiffs, mother 74, and daughter 54, were returning from grocery shopping and heading to the bus stop on Boston Neck Road in Narragansett, Rhode Island.

The Plaintiffs proceeded to safely cross the northbound and southbound lanes of Boston Neck Road, when they were struck by a vehicle operated by the Defendants vehicle resulting in severe injuries to the Plaintiffs.

In this challenging case, the police that investigated the accident and the police accident reconstructionist found that the Defendant was not speeding, the light conditions were poor and concluded in their report that the defendant was not at fault as the Plaintiffs walked in front of the Defendants vehicle without looking.

Brian Cunha and Associates retained their own independent accident reconstructionist, filed suit and discovered that at the time of the accident the Defendant was on a telephone call, albeit a hands free call.

The accident reconstructionist hired by our office, after an extensive investigation, cited a National Safety Council (NSC) published a report more than a decade ago with findings culled from a range of respected researchers that low beam headlights illuminate the road in front of a car for a distance of 200–300 feet and when you can't see more than 200 feet ahead using low beams, you should switch to high beams, unless another vehicle is approaching you from the opposite direction within 200 feet.

Furthermore, drivers using hands-free and handheld cell phones fail to see up to 50 percent of the information in their driving environment. This is known as “inattention blindness” and causes drivers to miss exits and run through red lights and stop signs.

Drivers using cell phones (again handheld or hands-free) had slower reaction times than drivers impaired by alcohol at a .08 blood alcohol concentration, the legal intoxication limit in Rhode Island.

Listening to the other person during a cellphone conversation decreased activity in an area of the brain associated with driving by 37 percent.

In conjunction with our accident reconstruction report that refuted the police report and the deposition of the Defendant, who could provide no reasonable explanation as to why she failed to observe the Plaintiffs crossing the street, Attorney Brian Cunha was able to convince the insurer that is was likely clear that the defendant was distracted with her phone call with and failed to observe the Plaintiffs crossing the road resulting in the collision and severe injuries to the Plaintiffs.

Based on the above the two cases settled for $2,000,000.00

Attorney Brian Cunha Secures $2 Million Settlement with National Grid Following 2019 Gas Outage on Aquidneck Island

Christian Winthrop· January 13, 2025 : The Buzz

According to recent court filings in Rhode Island federal court, a settlement has been reached with National Grid regarding the catastrophic Aquidneck Island gas outage in January 2019.

Attorney Brian Cunha of Brian Cunha & Associates negotiated a $2 million settlement, marking a significant victory for the residents and businesses of Aquidneck Island. The agreement, approved by the Federal Court in Providence, provides compensation to those affected by the week-long crisis, which left thousands without heat or hot water during the harsh winter.

The outage occurred on January 21, 2019, when National Grid shut down its gas distribution system on Aquidneck Island after dangerously low pressure was detected in the pipelines serving Newport and Middletown. Approximately 7,000 homes and businesses were affected, with some properties rendered uninhabitable until service was restored.

A lawsuit filed by affected residents and businesses accused National Grid of negligence. Plaintiffs claimed the company’s failure to maintain adequate pressure in its natural gas pipeline systems directly caused the outage, resulting in significant disruptions and financial hardship.

Following extensive discovery, Attorney Cunha successfully mediated the $2 million settlement to provide relief for the loss of property use during the outage. In addition to the settlement, National Grid had previously distributed over $3 million for lodging, food, and heating assistance in the immediate aftermath of the crisis.

“This settlement reflects our commitment to ensuring justice for those who suffered during this unprecedented event,” said Attorney Cunha. “It’s about holding companies accountable and helping the community recover.”

A substantial portion of the settlement will directly benefit the community, with $1.1 million allocated to low-income heating assistance. Ninety percent of these funds will support the Low-Income Home Energy Assistance Program (LIHEAP), administered by the East Bay Community Action Program (EBCAP), providing aid to Newport and Middletown residents. The remaining 10% will be directed to the Local Initiatives Support Corporation (LISC), which assists local businesses impacted by the economic fallout of the outage.

The settlement also underscores the importance of robust infrastructure to prevent future crises. The events of January 2019 exposed vulnerabilities in the gas pipeline system serving Aquidneck Island, managed by National Grid.

“This is not just about compensation—it’s about ensuring a stronger, more resilient system moving forward,” Cunha emphasized.

The $2 million settlement serves as both restitution and a community investment, offering critical support to those most in need. It also highlights the necessity of corporate accountability to safeguard essential services and prevent similar disasters in the future.

November 15, 2024 Settlement – $762,957.00 Workers Compensation

On June 27, 2013, the employee, (30), while employed as a truck driver by GM Philadelphia, injured his back while dragging an engine, that was subsequently diagnosed as herniated discs in his lower back at L4-L5 & L5-S1 for which he subsequently underwent surgery. A petition was filed by the employee seeking benefits for his work related injury, which was opposed by his employer. Attorney Nelia DeStefano from our office won the hearing and a pre-trial order was entered on September 16, 2013 finding that his injury was causally related to his employment, and ordering the employer to pay the employee back benefits from June 28, 2013 and continuing in the amount of $770.98.

On February 1, 2019, the Employer, filed a Petition seeking a reduction of his weekly benefits claiming that he was able to return to work. Attorney DeStefano opposed the petition, claiming that the employee continued to remain disabled. The Court denied the employer’s petition. The employer filed an appeal and requested a trial before the workers compensation court. A trial was commenced in 2024, which extended over several months.