Haverhill: 978-372-7758
Salem: 978-740-0700

case results

$4 Million Settlement

Truck Collision in NH

January 2024

Plaintiff was the operator of a tractor-trailer that collided with another tractor-trailer obstructing traffic on a well-traveled route in southern NH. Defendant argued that Plaintiff should have seen the obstruction caused by Defendant’s tractor trailer, however Plaintiff asserted that the Defendant’s tractor trailer was improperly operating on a dark night on an unlit area of the route, thereby causing the collision. Case settled for $4 Million.

$1 Million Settlement

Auto Collision in NH

October, 2023

Plaintiff was involved in a motor vehicle collision on the morning of August 20, 2021 on Route I-93 South in Salem, New Hampshire. Route 93 South had three travel lanes and a breakdown lane in each direction. Plaintiff was travelling in the first travel lane heading southbound operating a Chevrolet box truck within the posted speed limit of 65 mph. Defendant, was operating his 2018 Chevy Silverado truck in the far-left passing lane. Plaintiff alleged that due to Defendant’s negligent operation, Defendant lost control of his vehicle, hit the left-hand guardrail, shot across all lanes of 93 south and landed in front of Plaintiff’s vehicle. As a result of Defendant’s negligence, Plaintiff’s truck collided with Defendant’s vehicle, that then caused Plaintiff’s truck to lose power steering and brakes, resulting in a further collision between Plaintiff and a third vehicle. Case settled for $1 Million.

$400,000 Settlement

Police Misconduct

August 2023

Plaintiff asserted that he was illegally stopped by Wakefield Police while taking his two small children to soccer and then beaten in front of his children during the stop. Police argued in defense that Plaintiff had failed to stop, fled from police, resisted arrest, and had a license to carry firearms. Case settled for $400,000.

$7 Million Settlement

Construction Accident

April 2023

The Plaintiff was a construction worker who suffered serious injuries after falling 44 feet from scaffolding while working on a construction site. Defendants argued that there was no clearly established cause of the fall and therefore they could have no liability. However, Plaintiff developed evidence that the scaffolding did not have the proper safeguards and railing as required, and that they knew or should have known that the safeguards were not properly in place. Case settled for $7 Million.

$7.7+ Million Verdict

Auto Collision

November 2022

The plaintiff in this case was a passenger in a car owned and operated by her daughter who suffered catastrophic injuries when the car she was in was struck from behind by a vehicle owned by one defendant and operated by another. Both defendants fled the scene. Default judgment entered against the owner of the vehicle and in November 2022, after an assessment of damages hearing, damages were awarded in the total amount of $7,717,115.60 which included statutory interest and costs.

$4.5 Million Settlement

Bicycle Accident/Wrongful Death

September 2021

The plaintiff in this case was the family of a bicyclist who was killed after being struck by a tractor-trailer. The defense alleged that the bicyclist was not using due care and not following the rules of the road. The plaintiff developed evidence and presented expert opinions that the bicyclist was in fact using due care, that the driver of the tractor-trailer improperly changed lanes and failed to keep a proper lookout for hazards like bicyclists, and that the driver was late and hurrying to meet his delivery deadlines. The plaintiff also developed evidence that the employer of the driver violated various federal safety regulations related to hiring, training, and supervising the driver, and that the tractor-trailer was not equipped with the proper mirrors.

$250,000 Settlement

Nursing Home Negligence

August 2021

The plaintiff was an 89-year-old woman with advanced dementia, acute renal failure, and stage 3 kidney disease who was admitted to the defendant’s facility for rehabilitation following a broken hip due to a fall.

Upon admission to the facility, no breaks in skin were noted. The plaintiff was also known to be at high risk for ulcers. The staff of the rehabilitation facility was ordered to maintain treatment of the plaintiff to avoid ulcers. However, the staff failed to do so.

Within days of admission, the plaintiff developed redness in her heel that went untreated. Ulcers then formed, but the treatment for the ulcers was inadequate. The facility discharged the plaintiff with heel ulcers, did not note the ulcers in the original discharge papers, did not notify the plaintiff’s family of the ulcers, and did not provide any appropriate treatment plan for the ulcers.

When the family detected the ulcers after plaintiff returned home, in-home treatment was attempted but was unsuccessful. The plaintiff was sent back to the hospital for treatment of the ulcers, but the infection had progressed too far, treatment was unsuccessful, and the plaintiff was then referred to hospice where she died shortly thereafter.

The plaintiff presented testimony from three experts: one relative to the substandard administration of the facility, as well as a physician and a nurse to establish causation. The defendant denied causation and argued that the plaintiff’s preexisting conditions were the contributing factors.

$3.215 Million Settlement

Auto/Truck Collision

April 2019

The plaintiff was driving a car and slowing down, behind a large tractor-trailer. A truck hit the plaintiff’s car from behind, leading to the plaintiff’s car being pushed into and under the tractor-trailer. The issues in the case were whether the collision caused brain damage, the amount of the plaintiff’s medical bills and the projections for future needs.

$1.175 Million Settlement

Auto Accident/Pedestrian Injury

January 2019

The plaintiff was a pedestrian who was hit by a car when she was about halfway across the street, in or adjacent to a crosswalk. After she was struck, she was dragged under the car. The issues in the case included the inadequacy of the driver’s underlying insurance policy and whether or not the plaintiff saw the car approaching her as she continued to walk into the crosswalk.

$3 Million Settlement

Loss of Consortium After Car Accident/Traumatic Brain Injury

April 2017

The plaintiff was on the way back from dropping his son at school when a commercial van pulled in front of his vehicle. He suffered a closed head injury in the resulting collision.

After the accident, he continued running his businesses, managed his various investments, and drove himself around regularly. Over the next two years, however, he developed memory and cognitive issues.

The plaintiff’s behavior grew increasingly erratic, and he began to become forgetful, eventually becoming unable to work or manage his affairs. He became more distant from his family and had frequent violent outbursts.

The plaintiff alleged that the collision caused a traumatic brain injury that resulted in the development of traumatically induced fronto-temporal dementia.

The case settled at mediation four weeks prior to trial, including a $3 million settlement for loss of consortium allocated to the plaintiff’s spouse and four minor children.

$750,000 Settlement

Medical Malpractice/Wrongful Death

January 2017

The plaintiff was the estate of an 82-year-old man with pre-existing conditions who died after two surgeries to remove squamous cell carcinoma.

The plaintiff claimed that, after the first surgery, the treating plastic surgeon prematurely closed the patient’s wound before receiving the final pathology report. The report indicated invasive squamous cell carcinoma with deep perineural involvement. After the report was received, the plastic surgeon performed a second surgery to remove deep margins.

A second pathology report indicated that there was no residual tumor. The plaintiff argued that, after the second surgery, the plastic surgeon failed to follow up or recommend follow-up, allowing the cancer to spread and, ultimately leading to the patient’s death.

The surgeon argued that there was no need for follow-up because the pathological evaluation indicated no residual tumor.

$1.25 Million Settlement

Motorcycle Accident

November 2016

The plaintiff was riding his motorcycle down a main road and had the right of way, when the defendant’s car entered the intersection and struck the rear wheel of his motorcycle. The defendant claimed that she did not see the plaintiff when she proceeded into the intersection. The collision threw the plaintiff from his motorcycle, leading to serious injuries to his right leg, clavicle and ribs. He required extensive medical treatment and multiple surgeries, with some of his injuries resulting in permanent loss of function.
Kazarosian Costello LLP
Haverhill Office
546 Main Street
Haverhill, MA 01830

Salem Office
By Appointment Only
10 Federal St
Salem, MA 01970

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