CHILD INJURIES

CHILD INJURY SAMPLE CASES

Successful Settlement of Child's Hand Injury Case Enables Education Trust

On a hot summer evening, July 14, 1993, seven year old Jason was playing ball with his friends outside his apartment in Lawrence, Massachusetts. The defendant, a trucking company, owned a lot at the end of the street. The entrance to the trucking company lot was blocked by a forty foot wide gate which was operated electronically - to allow vehicles on the premises. Jason's pink ball rolled under the gate. Just as Jason was reaching to retrieve his ball, the owner of the trucking company triggered the gate. Jason's left hand was crushed between an aluminum rail of the gate and a steel pulley.

Jason's family hired my office for legal help while he was still in the hospital. I visited him there to learn about the accident and hand injury. The next day I retained an expert, a civil engineer, and we went to the site of the accident, videoed the gate, interviewed workers at the company, and found the owner who gave his version of how the accident happened: he depressed the clicker to close the gate without looking to see if children were nearby!

Jason suffered fractures of the fourth and fifth fingers and growth plate disruptions of the middle and fourth fingers. He was treated at the Plastic Surgery Clinic at the Massachusetts General Hospital where he underwent three surgical procedures, including two skin grafts to repair the contractures. His loss of function is nominal, however, there is a deformity to the palm of his hand at the locus of the skin grafts. His hand surgeon agreed to testify at trial.

Seven year old Jason
showing injuries received
to left hand

Electrically Operated Gate
Chain Drive & Pulley

We filed a lawsuit in Essex Superior Court. The trucking company retained a large Boston law firm. The trucking company's attorney argued that there was no liability, or responsibility, by the trucking company because Jason was a trespasser. We argued that Massachusetts General Laws, Chapter 231, Section 85Q establishes the high standard of care to children required by landlords who maintain an artificial condition (the fence) on land. The case was settled one month after filing suit.

The case was resolved for a quarter of one million dollars in 1994 and all proceeds of the settlement were placed into an education trust. The trust has supported Jason, and his family, through school and, to date, assists him with weekly checks and rent. See Crawford v. Lawrence Tank, Inc., Essex Superior Court, Civil Action Number 94-2940
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Driver held liable for Child Liver Injury, Pain and Suffering due to Auto Accident

When Patrick was 5, he and his sister went to Rhode Island to shop with their aunt. Upon exiting the variety store Patrick was run over by a Toyota pick up truck. He was taken by ambulance to a local hospital and by helicopter to a Boston hospital. The auto accident caused the child great pain and suffering for months, with liver and other injuries. Fortunately however, he had a 100% recovery. We had Patrick's medical records reviewed by a liver transplant surgeon at the University of Florida. www.med.ufl.edu/

Witness statements vary as to exactly what happened, who was holding whose hand, and where the aunt was. The aunt's homeowner's insurance company agreed to contribute. The driver's insurance company argued that Patrick "darted out" from behind a van. They had several witnesses testify to this. We argued that the driver was proceeding too fast in a parking lot, especially considering the low winter sun which would have been in the driver's eyes that day. Furthermore, we hired a Registered Nurse who reviewed a description of the driver's medication. The nurse concluded that the driver was taking excessive medication and in illegal dosages.

This case was settled at mediation and the monies were put into an education trust and an annuity for Patrick.

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Construction Company & Property Owners held Liable for Child's Head Injury

Trevon, 3, was playing at preschool when he tripped and fell against a concrete post. The post was left there, unprotected, by a construction company building a walkway. Trevon hit his head and his head injuries resulted in a scar on his forehead. We filed suit against the construction company, the preschool, and the owners of the property. All three defendants settled at different times in the lawsuit: the first defendant paid only after forcing us to file suit; the second defendant defaulted and paid only after we secured a judgment against them; the third defendant vigorously defended the lawsuit, even taking 3 year old Trevon's deposition!

Our office perservered, liability was proven, and the case settled shortly thereafter to Trevon's benefit.

See Ford v. A.R.J. Associates, Boston Municipal Court Civil Action Number 01-277157.

3 year old Trevon

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Family Awarded Money for Child Playground Accident due to Defective Product

When Ben was two he fell off a ladder at a public playground. Our investigation showed that the playground accident occurred because the rung he grabbed was a defective product- it spun around and Ben's hand slipped off. We filed suit in Superior Court and the City defaulted. After obtaining a judgment against the municipality, they retained an attorney and tried to dismiss the case. We aggressively pursued Ben's case and it was settled favorably.

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Family Compensated for Child's Broken Arm Injury due to Unsafe Premises

Nine year old Donna was playing tag with her friends when they went up onto the loading dock of a VFW Hall. Barbeque racks placed against the handrail prevented her from proceeding down the steps. Unfortunately, she fell over the railing onto the driveway. She broke her arm and required surgery, however, the surgery did not seem to correct the problem -- she remained largely disabled. Ironically, while still recovering she broke her arm again and this second break repaired the poor surgical result! The insurance company adjuster for the VFW argued that they would never pay as they were not responsible for preventing this type of injury. Because the statute of limitations in this type of a case would not begin to run until Donna was 18, we waited it out. We were not going to give up.

After several years and several adjusters, we finally obtained a fair settlement. Donna never had to testify about her awkward fall or pain and suffering.

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CHILD SEXUAL ASSAULT VICTIM RECOVERS DAMAGES

An eight year old was sexually assaulted by 14 year old and awarded damages after our office assisted in the criminal prosecution and tried the civil case in Superior Court. In his ruling, the Judge stated ÒOnce he opened himself to his family and received some counseling all of these problems [confusion, fear and guilt] eventually disappeared and he is now a healthy well adjusted young man in all respects. See Norfolk Superior Court, Civil Action Number 04-1637.

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Successful Settlements for Mother and Two Children injured during Auto Acccident

9 year old Michele Hernandez was injured when a vehicle struck the rear of the car her mother was driving. As a result of the car crash, she and her brother, Israel, 12, suffered neck and back injuries and had medical treatment for several months. Her mother, Migdalia, while injured herself, had to care for two injured children and her other daughter, who is severely disabled. Her father, an immigrant from Cuba, was forced to take time off from work to care for the whole family.

The cases of all three family members were settled in their favor.

Neil Burns, Migdalia, Miche

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