- Represented an elderly gentleman who was struck in a pedestrian street crossing by a distracted driver. Client suffered fractured hip, resulting in permanent injuries and loss of part-time income. Avoided insurance company defense of failure to use available crosswalks, due to timely interviewing of witnesses to verify fault of driver, rather than client. Case settled prior to suit for full amount of available insurance policy limits.
- Represented mother of young boy killed due to carbon monoxide poisoning in apartment complex, due to defective and faulty installation and maintenance of furnace. Mother also asserted her own claims, due to her own severe and permanent injuries from carbon monoxide poisoning. A lawsuit was filed in the United States District Court for the District of New Hampshire. After substantial and lengthy discovery conducted jointly by our firm and Massachusetts co-counsel, the case was settled during a private mediation session prior to trial.
- Represented family of man who committed suicide at secure government facility after being admitted to hospital because of psychiatric issues, including suicidal ideation, and being transferred to government facility to be placed on full-time "suicide watch". Case was filed in Coos County Superior Court, but was settled during private mediation session prior to trial.
- Currently representing estate of a pedestrian who was killed by careless driver of a vehicle. Case was filed in superior Court against the insurance company for the driver of the vehicle, and a second lawsuit was filed against the couple's own automobile insurance company, in pursuit of underinsured and uninsured motorist claims arising out of the fatal collision, including the surviving spouse's own statutorily-recognized consortium claims under New Hampshire's amended wrongful death statute.
- Construction Site Carelessness
- Represented young male welder's assistant who was electrocuted while working at commercial construction site. Construction companies at the site were cited by O.S.H.A. for multiple violations, including locating a "scissors lift" too close to live power lines. Client suffered multiple severe injuries, including permanent scarring and disfigurement. Suit was filed in the U.S. District Court for the District of New Hampshire against multiple Defendants. After substantial discovery conducted jointly by our firm and Massachusetts co-counsel, the case was settled during a private mediation session.
- Represented millworker who was injured when on-site construction company carelessly left exposed cables dangling on elevated walkway. Client suffered significant injuries, and lost substantial time from work. After suit was filed in Coos County Superior Court, insurance company for construction company settled case prior to trial. Settlement included negotiation with worker's compensation company for millworker over mandated repayment of benefits.
Tractor-Trailer and Trucking Collisions
- Currently representing male driver whose truck was smashed by tractor-trailer that crossed yellow center line while rounding curve in roadway. Client suffered severe injuries, including crushed foot and loss of spleen. Insurance company for driver of tractor-trailer has denied responsibility for the crash. Lawsuit is currently pending in the U.S. District Court for the District of New Hampshire.
- Represented male driver of tractor-trailer who had pulled loaded unit off to side of the highway for repairs, but which was then rear-ended (while on the side of the road) by another tractor-trailer, the driver of which had fallen asleep. Client suffered significant debilitating injuries to his neck and upper back, with substantial vocational impairment as a result. Suit was filed in the U.S. District Court for the District of Nebraska, where the truck wreck occurred. After substantial discovery conducted jointly by our firm and Nebraska co-counsel, the trucking company settled the case during a mediation session held in New Hampshire at the U.S. District Court for the District of New Hampshire.
- Represented male driver of tractor-trailer involved in collision caused by inattentive driver. Client suffered severe and permanent multiple injuries due to impact. Due to minimal insurance coverage with respect to the client's claims against the driver who caused the collision, underinsured motorist insurance claim was pursued against commercial insurance policy for trucking firm that employed client. Settlement obtained with insurance company prior to lawsuit, which settlement also involved negotiation of mandated repayment of client's worker's compensation benefits previously received from trucking firm's worker's compensation insurance company.
- Represented family of mother and daughter killed in tractor-trailer collision caused when driver of tractor-trailer drifted across into the opposite lane of traffic. A lawsuit was filed in the U.S. District Court for the District of New Hampshire. Although the case failed to settle at a private mediation session, it ultimately settled prior to trial.
Dangerous and Defective Products
Currently representing male worker injured at municipal transfer station due to dangerous and defective trash compactor. Client obtained negotiated lump sum settlement for worker's compensation claims, approved by New Hampshire Department of Labor. After insurance companies for manufacturer, distributor, and installation company for the trash compactor denied all responsibility for client's injuries, lawsuit was filed in Coos County Superior Court, where the case is currently pending.
- Represented nineteen female health care workers who suffered allergic reactions to latex as part of consolidated "latex allergy" litigation. During the seven-year representation of these workers, pursuit of clients' claims included litigation in New Hampshire Superior Court; New Hampshire Supreme Court; U.S. District Court for the District of New Hampshire; U.S. Bankruptcy Court for the District of New Hampshire; Middlesex (Massachusetts) Superior Court; U.S. Social Security Administration; and New Hampshire Department of Labor. Representation included thirty-one (31) day jury trial in Belknap County Superior Court with five (5) defendant latex glove manufacturers / distributors, and significant discovery as part of Federal Multi-District Litigation ("MDL") proceedings.
- Represented several clients with respected to claims arising out of their use of contaminated albuterol inhalation devices. Although suits were filed in the U.S. District Court for the District of New Hampshire, the cases were consolidated for purposes of discovery and transferred to the U.S. District Court for the District of Wyoming as part of Federal Multi-District Litigation ("MDL") proceedings. After substantial discovery, the cases were settled during a private mediation session.
- Represented male driver of pickup truck struck by young and inexperienced driver who lost control of car while on icy road. Client suffered severe injuries to his lower back, requiring multiple surgeries. When insurance company for young driver denied all liability, a lawsuit was filed in Coos County Superior Court. After suit was filed, the insurance company settled the case for the full amount of the available insurance policy limits.
- Represented female driver of moped struck from behind by elderly driver, while moped driver was lawfully stopped at intersection. Client suffered multiple fractures of the thoracic spine, among other injuries. Case settled prior to lawsuit directly with insurance company for elderly driver for the full amount of the available insurance policy limits.
- Currently representing male bicyclist who was "cut-off" by careless teenage driver while bicyclist was lawfully riding his bike on highway. Client suffered severe wrist fracture, and lost substantial amounts of employment time as a result. Case is currently in negotiations with insurance company for teenage driver.
- Represented female passenger who was injured in single-vehicle crash on interstate highway due to driver's carelessness. After insurance company for driver denied all responsibility for crash, a lawsuit was filed in the U.S. District Court for the District of New Hampshire. After substantial discovery, the case settled prior to trial.
- Represented young female driver struck from behind by another vehicle while driver was stopping for moose on a snowy highway at night. Client suffered significant painful injuries. Insurance company for vehicle that hit the client denied responsibility for the collision, claiming the collision was "weather-related". After the insurance company received a draft of the lawsuit that had been prepared, the insurance company agreed to participate in a private mediation session, where the case settled, before the lawsuit was actually filed.
- Represented teenage female driver of vehicle that was struck by another vehicle that was operating too fast for the conditions of the roadway. Client suffered fracture in foot, which then caused severe vocational limitations. Because driver who caused collision was uninsured, an uninsured motorist claim was made against client's own automobile insurance company. An arbitration hearing was held, and the arbitrators found in favor of client, with the amount of arbitration award exceeding the full amount of the available insurance policy limits.
- Represented female pedestrian struck in crosswalk by out-of-state driver. Client suffered fractures of five different bones. Suit was filed in the U.S. District Court for the District of New Hampshire. After a three-day jury trial, which included substantial electronic / digital presentation of evidence in New Hampshire Federal Court's "high-tech" Courtroom, jury returned unanimous verdict in favor of client.
- Currently representing woman who slipped and fell on ice cubes thrown on sidewalk at convenience store. Client suffered severely broken ankle. Two insurance companies involved denied all responsibility. Suit is pending in Coos County Superior Court.
- Represented elderly female who slipped and fell on steps of commercial establishment, due to ice that formed on steps from melting and dripping snow. Client suffered severe compound fracture to her ankle. Case settled prior to lawsuit directly with insurance company for commercial establishment.
- Represented businesswoman who tripped and fell on sidewalk at discount store due to improperly placed clothes rack, and defectively designed and maintained steps. Client suffered severe knee and shoulder injuries. When discount store and landlord both denied liability, a lawsuit was filed in the U.S. District Court for the District of New Hampshire. Case settled prior to trial.
- Represented young male physician who slipped in icy parking lot due to careless maintenance and poor lighting conditions. Client suffered permanent disfiguring injury to elbow, affecting range of motion. A lawsuit was filed in the U.S. District Court for the District of New Hampshire. After significant discovery, an attempt to settle the case with the insurance companies at a court-supervised mediation session failed. Prior to trial, however, the case settled.
- Represented client from Rhode Island who tripped and fell at motel in New Hampshire due to defectively designed and maintained handicap access ramp. Client suffered severe lower leg injuries, including Reflex Sympathetic Dystrophy ("RSD"). A lawsuit was filed in the U.S. District Court for the District of New Hampshire. Case settled at a court-ordered mediation prior to trial.
- Represented client who tripped and fell due to cracks and depression in walkway within amusement park. Client suffered severe knee injuries and significant lost time from work as a result. Suit was filed in Coos County Superior Court, and case settled prior to trial during private mediation session.
Injuries to Children
Represented five-year old girl who fell eight (8) feet from playground slide located at day care center. Client suffered severely broken leg. After insurance company for day care center denied all responsibility, a lawsuit was filed in Coos County Superior Court upon a theory of negligent supervision by the day care center. Case settled with the insurance company during a private mediation session.
- Represented young boy bitten in the face by neighbor's dog, severe scarring and disfigurement resulting. Negotiations directly with insurance company of dog owner resulted in a settlement for the available amount of insurance coverage for the claim. Case settled with the insurance company prior to the filing of a lawsuit.
- Represented teenage girl who was a passenger involved in an automobile collision. Client suffered scarring and significant permanent leg injuries. Suit was filed in Coos County Superior Court against an adult homeowner who had purchased alcohol for a minor, which minor had caused the automobile collision. Case settled with the insurance company after the lawsuit was filed.
Carelessness by Owners of Dogs
Represented male pedestrian bitten after loose dog confronted client's leashed dog while client was walking his dog on the sidewalk. Client's fingers and hands were bitten with severe puncture wounds, requiring reconstructive surgery. Case settled with insurance company for owner of the dog that bit the client prior to the filing of a lawsuit.
- Represented woman who was bit by dog after being invited into house by the owner. Client suffered significant wounds and scarring to both legs. After insurance company for homeowner denied responsibility for the claim, a lawsuit was filed in Coos County Superior Court. Case settled directly with the insurance company during a private mediation session prior to trial.
- Represented young boy bitten in the face by loose-running dog. Client suffered permanent scarring and disfigurement. A lawsuit was filed in Coos County Superior Court, and case was settled during negotiations directly with insurance company of dog owner.
Represented town employee injured during road maintenance and construction project. When brakes failed on road equipment, the equipment rolled down a hill and crashed, ejecting client, who suffered burst fracture in his middle back. Worker's compensation claim, including permanent impairment award, was ultimately settled at a private mediation session with the town's worker's compensation insurance carrier, with the lump sum settlement approved at a hearing by the New Hampshire Department of Labor.
- Represented welder and pipefitter injured when steel beam fell and crushed several bones in client's hand. Client's worker's compensation claim included several surgeries, extensive therapy, and vocational assistance. Worker's compensation claim, including permanent impairment award, settled through negotiations directly with insurance company, with the lump sum settlement approved at a hearing by the New Hampshire Department of Labor.
- Represented police sergeant injured while effecting lawful arrest. Client was "sucker-punched" and suffered broken cheekbone, and other resulting injuries. Client filed worker's compensation claims, and filed "third-party" lawsuit in Coos County Superior Court against homeowners insurance of landowner who interfered with arrest by distracting police officers. Homeowner's insurance company moved to dismiss the lawsuit on the theory that "the fireman's rule" barred recovery, but based upon evidence presented to the court, the dismissal motion was denied. Case then settled during court-ordered mediation session.
Insurance Coverage Disputes
Represented female driver of automobile wrongfully denied uninsured motorist insurance coverage by her own auto insurance company. Client suffered severe and permanent shoulder injury from crash caused by uninsured driver. After her own insurance company denied uninsured motorist insurance coverage, a lawsuit was filed, and after a trial in Coos County Superior Court, coverage was ordered to be paid. The insurance company appealed to the New Hampshire Supreme Court. While the appeal was pending, the case was settled during a private mediation session.
- Represented elderly female driver of automobile with respect to uninsured motorist insurance claim with her own insurance company. Client was actually involved in two separate automobile collisions in less than ninety days, neither of which was her fault, according to the investigating police officers. One of the insurance companies involved declared itself "insolvent", a form of insurance company bankruptcy. Negotiations with multiple insurance companies also included the necessity of establishing which injuries were caused by each separate collision. After lawsuits in Coos County Superior Court were filed against the drivers in each of the two collisions, the insurance companies involved settled both of client's claims, one of which was considered an "uninsured motorist" claim due to the bankruptcy of one of the insurance companies involved.
- Represented woman with respect to obtaining third-party "medical payments" coverage under commercial liability policy arising out of slip-and-fall incident. Insurance company argued that "med-pay" claim was time-barred under terms of policy despite contrary representations by adjusters in correspondence. After a lawsuit against the insurance company was filed in Coos County Superior Court, the insurance company reversed its position and paid the full amount of the outstanding med-pay coverage prior to hiring counsel.
- Represented husband of woman killed while a passenger on a four-wheel All-Terrain Vehicle. Lawsuit was filed in Grafton County Superior Court against the estate of the operator of the ATV. Insurance companies for the operator of the ATV all denied insurance coverage, and a further lawsuit was filed on the issue of insurance coverage. After Superior Court upheld denial of insurance coverage, case was appealed to the New Hampshire Supreme Court. Supreme Court agreed with the denial of insurance coverage in an unreported decision, summarily affirming the trial court's decision.
- Represented teenage male passenger involved in two-vehicle crash on slippery winter roads. Client suffered fractured pelvis and traumatic brain injury due to crash, requiring extensive hospitalization. Case settled prior to suit with insurance company for driver that caused the crash, but resulting underinsured motorist insurance claim was denied. After suit was filed against the underinsured motorist insurance company, the underinsured motorist claim settled with the insurance company for the available insurance policy limits.
- Represented female homeowner who was sued due to a dog bite to a child that happened on her property. Client's own insurance company denied homeowner's insurance coverage for the lawsuit. Lawsuit was filed in Coos County Superior Court to force insurance company to cover the dog bite claim. After several depositions, the homeowner's insurance company settled the dog bite claim, with no personal exposure to the client.
Represented secured creditor of bankrupt convenience store in obtaining relief from stay through the U.S. Bankruptcy Court for the District of New Hampshire in Chapter 7 liquidation proceedings, then conducting foreclosure proceedings through auction in order to liquidate the commercial property.
- Represented secured creditor of bankrupt logging company in Chapter 13 reorganization proceedings in the U.S. Bankruptcy Court for the District of New Hampshire. Successfully negotiated favorable alternative to threatened cramdown.
- Represented secured creditor with claims against logging equipment in Chapter 7 liquidation proceedings. Representation included successful application for Relief from Stay in order to pursue non-bankruptcy remedies against Debtor, i.e., repossession of logging equipment.
- Represented secured creditor of bankrupt ski equipment and clothing store with locations in multiple states, as part of Chapter 11 reorganization proceedings in the U.S. Bankruptcy Court for the District of New Hampshire. Negotiated full protection for secured creditor through plan confirmation, as debtor successfully emerged from reorganization.
Municipal and Civil Litigation
Represented county government in dispute with elected county official over additional requested payments for outside work beyond the scope of the elected official's salaried position. Successfully obtained dismissal of county official's lawsuit.
- Represented owner of company that bought and sold logging and farming equipment in long-term dispute with town over expansion of business and need for municipal approvals. Representation included several days of bench trial in Coos County Superior Court, an appeal to the New Hampshire Supreme Court, and multiple, repeated planning board hearings. Ultimately, planning board approvals for expansion were obtained.
Represented community organization intending to develop multi-use apartment complex in litigation over municipal approvals, and legitimacy of municipal ordinances. After favorable decision on some issues in Coos County Superior Court, case was appealed to the New Hampshire Supreme Court on other issues which the trial court declined to rule on. The Supreme Court summarily affirmed the trial court's decision to not decide the other issues in an unreported decision.
Represented village district in taxation dispute with town over remittance of collected district taxes, and disagreement over interpretation of New Hampshire's statutory scheme and mechanism for collection and remittance. After lawsuit was filed in Grafton County Superior Court, successfully negotiated favorable settlement on behalf of village district.
Represented town government with regard to ongoing attempts by private landfill developers to expand solid waste facility. Representation included many years of hearings in Grafton County Superior Court, the New Hampshire Supreme Court, and local zoning and planning board proceedings relative to repeated landfill permitting applications and expansion attempts.
- Represented several landowners in federal eminent domain proceedings initiated by international natural gas pipeline conglomerate. Representation included appearances within and substantial discovery in the U.S. District Court for the District of New Hampshire. Several claims settled during mediation sessions conducted by the federal judges involved, but one case proceeded to a federal bench trial. The case settled after the first day of trial.
Represented county government in taxation dispute with city over payment and collection of unpaid county taxes. Successfully appealed adverse superior court decision to New Hampshire Supreme Court, which ruled completely in favor of client. Decision reported as County of Coos v. City of Berlin, 146 N.H. 90 (2001).