Significant Personal Injury Verdicts:
Ortiz v. Arbella Mutual Insurance Co.
Attorney for defendant: James F. Murray
Verdict for the defendant insurance company on November 21, 2008. The plaintiff sought six-figure damages plus attorney’s fees. The plaintiff alleged that the insurance company violated the consumer protection statute by failing to settle the plaintiff’s previous personal injury claim since liability in the first case was allegedly reasonably clear. The plaintiff also alleged that the insurer's investigation was below industry standards. Judge Kathe Tuttman ruled in favor of the defendant insurance company on all claims.
Brennan v. Circle Bowl LLC
Attorney for defendant: James F. Murray
Jury Verdict for the defendant on October 17, 2007. Plaintiff alleged that he slipped and fell on a broken piece of ceramic floor tile at the defendant’s bowling alley. Plaintiff sustained numerous injuries from the fall, including torn rotator cuff of right shoulder, requiring surgery. Plaintiff submitted medical bills of approximately $36,000.00. Jury found the defendant bowling alley not negligent and awarded zero damages.
ZOTO v. JIMMY'S ALLENHURST, INC.
Attorney Jason R. Scopa for the defendant
Jury verdict for defendant. Plaintiff awarded zero damages, August 8, 2007. Plaintiff broke her wrist while at a reception at the defendant's restaurant. She produced photographs of the dance floor with flower petals she alleged the defendant's staff should have removed; and she alleged that she fell on the dance floor as a result of the defendant's negligence. The plaintiff testified to and submitted over $10,000 in special damages, including medical expenses and lost wages. Jury determined that the defendant was not negligent and thus did not consider the plaintiff's claimed damages.
Narbonne v. Peabody Rockets Partners
Attorney for defendant: James F. Murray
Jury Verdict for defendant - Oct. 17, 2006. Plaintiff alleged that he slipped and fell on restaurant grease located on a sidewalk in front of Johnny Rockets Restaurant at the North Shore Mall in Peabody, MA. Plaintiff alleged numerous injuries, including torn rotator cuff of the left shoulder. Plaintiff submitted special damages of $12,000. Jury found the defendant restaurant not negligent and awarded zero damages.
DeLeon v. Arbella Mutual Insurance Company
Attorney for defendant: James F. Murray
Arbitration Order for defendant - August 1, 2006. Plaintiff sustained serious head injuries from a car accident, including a left orbital fracture and a skull fracture. The plaintiff’s car struck a rock resulting in the plaintiff being ejected from his car. The plaintiff submitted medical bills of approximately $70,000. Plaintiff sought uninsured motorist benefits alleging that he was run off the road by a hit and run motorist. Arbitrator found that the accident was caused by the plaintiff racing another driver of a car. Arbitrator ruled for the defendant insurance company and awarded zero damages
ELSIDIG v. SILVA & TOYOTO CREDIT CORP.
Attorney Jason R. Scopa for the defendants
Jury verdict for defendant. Plaintiff awarded zero damages, March 19, 2004. Plaintiff alleged that she was the victim of a hit and run accident while a pedestrian. It was alleged that she was able to obtain the license plate of the fleeing vehicle and that it was later identified by the local police as owned and operated by the defendants. Defendant produced her co-workers to testify that she was not in the area of the alleged accident at the time in question. The plaintiff testified to and submitted nearly $10,000 in special damages. Jury determined that the defendant was not negligent and/or was not involved, and therefore the jury did not reach the issue of the plaintiff's claimed damages.
Lawler v. Quinn
Attys for defendant: James F. Murray & Jason R. Scopa
Verdict - April 25, 2005. Defendant rearended the plaintiff on a highway. Defendant plead guilty to a drunk driving charge. At civil trial, defendant admitted liability. Plaintiff alleged numerous personal injuries from the accident, including herniated lumbar and cervical discs, aggravation of preexisting depression and psychiatric disorders. Plaintiff submitted special damages of approximately $27,000.00. Verdict only $28,153.00 after an offset and an interest calculation.
Owen v. Duran
Attorney for defendant: James F. Murray
Plaintiff had a six-figure settlement demand and, after trial, obtained jury verdict on November 8, 2004. Plaintiff alleged that defendant turned left into her travel lane and caused the two-car accident. Plaintiff alleged numerous injuries, including a bone growth on the back of her hand, carpal tunnel syndrome requiring surgery, and shoulder and neck injuries. Plaintiff submitted special damages of approximately $38,000. Jury found the plaintiff 15% at fault. Verdict for plaintiff - $15,224.00 - after offsets and an interest calculation.
BROWN v. LORUSSO
Attys Jason R. Scopa &James F. Murray for defendant.
Jury verdict for defendant. Plaintiff awarded zero damages, July 11, 2002. Plaintiff and defendant collided at intersection in Everett, MA, and each testified that she had a green light. Defendant produced an eyewitness, who testified that he observed plaintiff's vehicle travel through the red light. The plaintiff submitted approximately $13,000 in medical expenses and had demanded $75,000. Jury determined that the defendant was not negligent, and did not reach the issue of the plaintiff's claimed damages
STERN v. CONNERY
Attorney James F. Murray for the defendant
Jury verdict for defendant. Plaintiff awarded zero damages, Febraury 13, 2002. Head-on motor vehicle accident occuring on Woods Hole Road near Martha's Vineyard Ferry in Falmouth, MA. Plaintiff testified that defendant crossed into plaintiff's lane. Defendant testified that the plaintiff caused accident by turning left in front of the defendant. Defendant was cited by police for failing to stay within his lane of travel, but jury found in favor of defendant. The plaintiff sought $25,000 for lost wages and impaired earning capacity and an additional $6,500 for medical expenses and other expenses. Jury determined that the defendant was not negligent and never reached the issues of comparative negligence or the plaintiff's damages..
TACCHINO v. COLONIAL DRIVE CONDO
Attorneys for Defendant James F. Murray and Jason R. Scopa
Directed verdict for defendant January 16, 2001. Condominium unit owner sued Condo Trustees for breach of condominium contract, intentional and negligent infliction of emotional distress, and unfair business practices. The plaintiff alleged that the Trustees failed to repair a common area defect. The plaintiff further claimed that Trustees unlawfully scheduled foreclosing of the plaintiff's unit after the plaintiff withheld condo fees. Jury heard 3 days of evidence and testimony, and the Court then allowed Attorney Murray's Motion for Directed Verdict for the defendant, dismissing the plaintiffs lawsuit.
LUSARDI v. ARBELLA MUTUAL INSURANCE COMPANY
Attorneys for Defendant James F. Murray and Jason R. Scopa
October 31, 2000.
Arbitration Judgment awarding plaintiff only approximately 10% of the plaintiff's $85,000 claim. Plaintiff was a pedestrian struck in a parking lot by an under-insured motorist. The plaintiff sough $85,000 in under-insurance benefits from the defendant after receiving the responsible driver's insurance policy limits. Plaintiff submitted medical bills totaling approximately $17,000. Plaintiff claimed severe orthopedic and dental injuries. Attorneys Murray and Scopa utilized one orthopedic and one dental expert, and the arbitrator awarded plaintiff only, $10,700.
ATA v. COVIELLO
Attorney James F. Murray for the defendant
Jury verdict for defendant & plaintiff awarded zero damages, January 26, 1999. Following a parking lot collision, the plaintiff underwent a cervical disectomy and fusion at C5-C6 (cervical spine), which the plaintiffs treating and operating neurosurgeon causally related to the car accident. The plaintiff submitted approximately $36, 000 in medical expenses. Jury determined that the defendant was negligent, but plaintiff could not prove causation.
RODRIQUEZ v. CAVIGNANO
Attorney James F. Murray for the defendant
Jury verdict for defendant & plaintiff awarded zero damages, June 22, 1998. Two-car accident occurred while defendant was turning left across plaintiffs lane of travel. Plaintiff underwent left shoulder surgery following the car accident. Plaintiff submitted medical bills of approximately $30,000. Jury determined that the defendant was negligent but plaintiff could not prove causation.
SCHAPPACHER v. CASEY
Attorney James F. Murray for the defendant
Jury verdict for defendant & plaintiff awarded zero damages, January 22, 1998. This was a three-car motor vehicle accident. Plaintiff contended that he sustained a herniated cervical disc requiring discharge from work. The plaintiff asserted medical bills and lost wages of approximately $110,000. Plaintiff rejected a settlement offer of $70,000. Jury determined that the defendant was not negligent.
