PERSONAL INJURY--

Man Wearing Wrong T-Shirt Assaulted and Drowns- $1,000,000.00

Our client was assaulted by an intoxicated patron of a Naugatuck Café because he wore a t-shirt supporting a biker organization unwelcomed by the owner of the property. After the assault, our client fled to the woods for safety and fell off a 10 foot unguarded and unlit ledge at the back of a parking lot. He was found by police and fire rescue personnel an hour later laying face down in a stream. Our office obtained the financial resources our client’s two young daughters will need to attend college and start their own businesses some day. We worked closely with a structured settlement specialist to ensure the minor children will not have access to the significant proceeds until they are mature, young adults. In a collaborative effort with Attorney Stephen M. Reck, settlement was reached after a day long meditation with Judge Beverly Hodgson.

NOTE: This case was turned down by a lawyer who is a certified Civil Trial Advocate by the National Board of Trial Advocacy who did not see the merit of this case. Fortunately for our client’s children, we did.

Tradesmen Injured Due To Stairway Collapse – $210,000.00

A plumber and a plumber’s helper were injured when the basement stairs they were walking down collapsed. Case settled on the first day of jury selection. Parties participated in meditation two weeks before trial which helped frame the issues and bring the case to a point where it could be settled soon after.

Auto Accident– $40,000.00 – May 5, 2010

A woman cited for making an illegal u–turn was hit by an approaching vehicle on New Year’s Eve during a snow storm. Our client was rendered unconscious, but ultimately after six weeks of therapy made a full recovery. She had contacted a well known T.V. lawyer’s office who had represented her a few years earlier and settled her case for $250,000.000. This lawyer declined to help his own client! (The case took some work). My office took the case. Kevin Ferry went to the accident scene with his new client and observed that u–turns were permitted where she had turned. We filed suit, took the other driver’s deposition and learned he was a newly licensed, inexperienced driver whose car had bald tires. We also learned that he had almost fallen in a snow and ice covered parking lot as he was brushing snow off his car moments before the accident. He testified he was driving the speed limit which was clearly too fast for the poor road conditions. Case settled within two weeks of defendant’s deposition.

COSTCO Blasting Accident – JURY VERDICT – MARCH 5, 2010 New Britain, CT

Plaintiff, a 61 year old woman, sustained a permanent injury to her plantar fascia, a ligament running from the heel to the toes underneath the foot. As Plaintiff was shopping at the Waterbury Costco, the Defendant, J&J Blasting Corporation, caused a rock the size of a medium pizza and three to four inches thick to travel 500 feet into the air, tear through the roof of Costco, shatter on the floor into pieces and cause a piece of the rock to slide across the floor and strike the side of the Plaintiff's foot. Photographs of her foot taken at Costco by the fire department revealed a very small red mark. The rock that struck her foot was never identified.

Plaintiff refused medical care and ambulance transport. She was in the Emergency Room the next day with a swollen painful foot. Nine days after the event, she saw her general orthopedist, Dr. Russell Chiappetta, complaining of pain under her foot. Diagnosis was a traumatically induced crush injury to the plantar fascia. No bruising was noticed in any medical records. After many months of treatment, Dr. Chiappetta referred Plaintiff to Dr. Raymond J. Sullivan, a foot and ankle specialist in Hartford. Dr. Sullivan was asked only to provide an opinion on whether surgery would help alleviate plaintiff's pain. Dr. Sullivan exceeded the scope of the referral and opined that plaintiff had plantar fasciitis, and not a distinct injury caused by the blast rock. He gratuitously wrote in his report that her plantar fasciitis was unrelated to the blast incident. Plaintiff attempted to keep Dr. Sullivan's report out of evidence as speculative and beyond the scope of the job he was assigned by Dr. Chiappetta. That motion was denied and his report came into evidence as a full exhibit. Dr. Chiappetta's opinion on causation was different at trial than it was in his initial medical reports. He testified that the mechanism of injury was either the rock striking the foot or more likely, the reaction plaintiff's foot made to the noxious force of the rock.

Defendant then had the plaintiff seen by Dr. Michael Aronow, another foot and ankle specialist. Dr. Aronow examined the plaintiff, and without prior notice to plaintiff's attorney took x–rays of both of her feet. Plaintiff strenuously objected to the x–rays and any testimony concerning the x–rays because plaintiff was not provided an opportunity to lodge objection with the Court. The Court denied the motion and allowed the x–rays and Dr. Aronow's testimony concerning his findings on those x–rays. Dr. Aronow testified that the x–rays confirmed that plaintiff had high arched feet and that condition, combined with her tight calf muscles and more than ideal body weight is what caused her to develop plantar fasciitis. He further testified that those three conditions were the very reason that plaintiff had a brief episode of plantar fasciitis in the other foot eight months before the blast injury. Plaintiff had Dr. Aronow agree in cross examination that he would never perform any diagnostic test on his own patient unless there was a corresponding benefit to the patient. Dr. Aronow agreed that he was not permitted in his role as a hired expert for the defense to offer any therapeutic advice or treatment to plaintiff and that he was not the plaintiff's doctor. Plaintiff then argued to the jury that Dr. Aronow performed diagnostic testing that is a known source of harmful radiation, (the x–rays), and that he did so solely to help prove his theory that plaintiff was not injured by the blast rock. He testified that the chance of the blast rock causing her plantar fascia injury was as likely as finding a zebra in Texas.

Despite very damaging evidence from one of plaintiff's own doctors, the jury was able to see that it was simply to coincidental that plaintiff would develop plantar fasciitis shortly after getting hit in the foot. The jury also probably did not find Dr. Aronow credible as he gave an opinion on what caused plantar fasciitis in her other foot when he had never examined her at the time she had symptoms and he also refused to acknowledge that plaintiff had never experienced any plantar fascia pain in her right foot before the date of the blasting accident because he said he didn't get to examine her in the past.

Testifying Experts:

Russell Chiappetta, M.D. – Plaintiff

Michael Aronow, M.D. – Defendant

Last Offer during Trial:	$20,400.00
Last Demand:	$55,000.00
Verdict:	$56,000.00

FAMILY CAR DOCTRINE
$365,000.00 SETTLEMENT

An Eastern Connecticut State University student was visiting the University of Connecticut with some friends. While walking home from an off-campus party, he was struck by a car which fled the scene. The young driver crashed his car into a tree about a mile from the scene and reported that accident to police, but not the fact that he had struck our client. The Eastern Student was unconscious and suffered facial injuries and a badly fractured leg.

We obtained a prejudgment attachment of over $650,000 which we used to attach bank accounts, stock and bonds owned by the owner of the vehicle, a University of Connecticut Professor. The PJR hearing lasted 2.5 days and the award was instrumented in bringing the defendant's to mediation. The owner of the vehicle agreed to pay $255,000.00 out of her personal estate and the insurance company agreed to pay $10,000.00 above its $100,000.00 policy.

AUTO ACCIDENT - DEATH
MIDDLETOWN SUPERIOR COURT $1,000,000.00 SETTLEMENT - MARCH, 2009

A mediated settlement was reached in a the wrongful death suit we filed against a young driver who struck our clients truck head on after losing control of her speeding vehicle. Our 46 year old client did not sustain lost income as that is defined by Connecticut State Law in cases involving death. Our client was single and had no children. As such, the settlement was for non-economic losses and exceeded the value placed on the case by the judge who mediated the case. Our office is continuing to assist the family in the pending criminal matter in which the driver we sued is facing the following criminal charges:

Statutes:

1. Negligent homicide with a motor vehicle -14-222a
2. Possession of narcotics - 21a-279(a)
3. Use of drug paraphernalia - 21a-267(a)
4. Failure to drive upon right - 14-230(a)

LOCAL 23 UNION CARPENTER SETTLES CASE FOR $1,000,000.00 IN NEW BRITAIN

We filed suit against the construction manager, Dimeo Construction Company and the excavation contractor, Diversified Specialty Services, Inc., for negligence. A forty year old Union carpenter carrying lumber across a New Haven work site falls into a manhole covered with cracked plywood. He aggravated a dormant back condition and required L4/L5 L5/S1 anterior interbody fusion with posterior instrumentation and autograph to stabilize pre-existing spondylolisthesis. We retained a Ph.D. in economics, a Ph.D. in vocational science, and an engineer with expertise in construction site management. The case settled after two five hour pre-trials in New Britain Superior Court.

CAR V. BICYCLIST ACCIDENT
$250,000.00 (LIABILITY ACTION) AND $7,500.00 (DECLARATORY ACTION) SETTLEMENT

A bicyclist was traveling down a steep roadway on a rainy day, when he was struck by a truck who, while effectuating a turn into the path occupied by bicyclist failed to see him. The operator of the truck was cited for improper lane turn and the bicyclist was cited for failing to have an illuminating device on the front of his bicycle. The bicyclist was transported to the hospital where he underwent surgery to his left leg which included the placement of a steel rod and multiple screws. After months of physical therapy and extended treatment, he was ultimately found to have a 40% impairment of his leg.

We attended a case strategy conference wherein three other attorneys with a concentration in this area of personal injury determined the case value to be up to $1,000,000.00. State Farm, the insurance carrier for the defendant initially informed us that the policy limits were in excess of $1,000,000.00 and then later disclosed that the coverage was only $250,000.00/$500,000.00 due to claims that an umbrella policy, providing excess coverage had been cancelled just prior to the date of accident. Due to questions and concerns about whether State Farm had met policy provisions for cancelling this policy, a declaratory action was filed against State Farm to determine the total coverage in effect at the time of the accident.

In addition, the driver of the truck passed shortly before commencing suit. We moved to re-open the decedent's estate, at which time it was discovered that there were little to no assets available to compensate the Plaintiff for his injuries. A settlement was ultimately reached whereby we recovered the policy limits $250,000.00/$500,000.00 in the liability action and $7,500.00 in the declaratory action.

TOTONIS V. ALLSTATE - AUTOMOBILE ACCIDENT - $189,497.37 JURY VERDICT

The firm's client, a 32-year old trademark and patent attorney, was a rear seat passenger in a vehicle that was stopped at a light and rear-ended. The client suffered 7.5% permanent partial disability to the cervical spine and muscle contraction headaches secondary to ligament damage in the neck. Attorney Ferry tried the case in Hartford Superior Court. After a three-day trial and three hours of jury deliberations the jury returned a verdict for the client that totaled $189,497.37 with offer of judgment interest and statutory costs. The insurance company, Allstate, made a last offer of $32,500.00 during jury selection.

SEGURO V. J.J. TOON'S CAFE, RESPONDENT SUPERIOR - AUTOMOBILE ACCIDENT - $275,000.00 - JURY VERDICT

This was a seminal case in Connecticut involving the duty of a tavern owner to supervise his employees and prevent them from drinking on the job and leaving work in an intoxicated condition. A bartender of J.J. Toon's Cafe was drinking on the job and while driving home, struck the rear of Mr. Seguro's van, causing it to roll forward and strike him. Plaintiff had already recovered $100,000.00 from the driver of the automobile that struck him. His attorney who settled that case did not see validity of the claim against the bar. We did. Our last demand was $50,000.00. The bar offered $30,000.00 The jury assessed $275,000.00 in damages for a shoulder injury and concussive headaches as well as lost earning capacity. The bar owner appealed but the verdict was affirmed by the Appellate Court of Connecticut.

NORTON, ET AL. V. JUDGE, ET AL. - AUTOMOBILE ACCIDENT - $184,739.00 - JURY VERDICT

VERDICT: $184,739 less various setoffs and reductions plus post-judgment interest for a final judgment of $174,429. Breakdown: $46,483 in economic damages (reduced to $22,329) and $50,000 in non-economic damages to Craig; $1,436 in economic damages and $10,000 in non-economic damages to Michelle; $844 in economic damages and $500 in non-economic damages to Alex; $5,662 in economic damages and $60,000 in non-economic damages to Olivia; and $8,314 in economic damages and $1,500 in non-economic damages to Patricia.

DOCKET NO.: CV-02-0514165-S

COURT: New Britain

Date: March 26, 2003

JUDGE: Henry S. Cohn

PLAINTIFF ATTORNEY: Kevin C. Ferry, Esq., Hartford

Plaintiff alleged that Craig and Olivia suffered permanent injuries and that Patricia, who missed six weeks of work, was entitled to lost wages.

Defendant contended that, although the impact was severe, the injuries were not.

INJURIES: Craig - soft tissue neck strain resulting in a 5% permanent impairment of the cervical spine. Craig claimed past medicals of $2,900 and an unspecified amount for future medicals. Michelle - soft tissue neck and back strain. Michelle claimed $1,436 in past medicals. Alex - suffered emotional distress. Alex claimed $843 in past medical expenses. Olivia - badly bruised eye resulting in permanent 1 mm droop of the left eyelid. Olivia claimed past medicals of $1,900 and an unspecified amount for future medicals. Patricia claimed - soft tissue bruising and head trauma with no residuals. Patricia claimed past medicals of $3,600 and $8,314 for past wage loss.

DEMAND: $100,000

OFFER: $36,000

PLAINTIFF'S EXPERTS: Jeffrey B. Steckler, M.D.-Orthopedist

DEFENDANT'S EXPERTS: None

SEXUAL ABUSE SETTLEMENT WITH THE STATE OF CONNECTICUT
$700,000.00 settlement with Department of Children and Families

We represented four young adults who were in foster homes during their youth. The claim involved negligent placement by DCF, We argued that the foster mother DCF placed our clients with failed to protect our clients from older foster children in the home who were sexually abusive. This claim involved about a dozen theories of recovery against DCF for negligent placement and failure to abide by their own policy and State and Federal law.

CONSTRUCTION SITE ACCIDENT, 1.6 MILLION DOLLAR SETTLEMENT

The Plaintiff fell from the second story of a residence he was helping to construct and now suffers permanent paralysis. OSHA reports showed that there were no industry required railing or safety harnesses at the job site. We sued the corporate entity as well as the general contractor individually. The individual owner of the corporate entity so wholly dominated and controlled the corporation that we attempted to pierce the corporate veil and reach the general contractor's personal assets.

Several depositions were taken of workmen who were on site at the time of the accident. These depositions showed that the owner of the general contractor was involved in the day to day decision making at the job and was hands on. A land records search showed that the general contractor owned the land. This allowed us to make claims for premises liability. The settlement included a 75% reduction in a workers' compensation lien. The workers' compensation carrier also agreed to keep the medical claim open.

FALL AT WAL-MART, $115,000.00 SETTLEMENT

A Wal-Mart shopper was entering the store on a rainy day and slid on the wet floor and landed on her back. Several months later, she developed increased neck symptoms and ultimately had neck surgery. The client had a long history of back and neck pain and was actively treating for back pain at the time of the fall. We alleged Wal-Mart violated its store policy by not mopping the floor, placing mats on the floor to catch the water tracked in by shoppers and their carts and did not properly warn of the condition of the floor. Wal-Mart claimed it had put cones near the wet floor to warn shoppers. We obtained the store video which showed our clients fall and that cones were in the wrong area.

FAMILY CAR DOCTRINE $365,000.00 SETTLEMENT

We obtained a prejudgment attachment of over $650,000 for a young man who was struck by a hit and run driver as he was walking down the road with friends following an off-campus party at UCONN. The PJR hearing lasted 2.5 days and the award was instrumented in bringing the defendant's to a mediation. The owner of the vehicle agreed to pay $255,000.00 out of her personal estate and the insurance company agreed to pay $10,000.00 above their policy.

CONTRACTOR LIABILITY

Elderly man who had let floor refinishing crew into son's apartment suffers badly burned leg when workmen failed to turn off stove pilot light. Flooring stain ignites causing flash fire resulting in second and third degree burns to leg. No lost wages and all medical bills paid by health insurance. $275,000.00 settlement.

AUTO ACCIDENT

Woman who suffers shoulder strain in auto accident wins $42,000.00 in a binding arbitration which we arranged to take place at our office. Arbitration resulted in case concluding without the need for a trial which was two years out.

COLLINS V. SCOPPETTA - MEDICAL MALPRACTICE - $350,000.00
JURY VERDICT

The firm's client underwent laparoscopic inguinal hernia repair in September, 2001. During the placement of mesh used in the repair, the surgeon placed tacks into the nerve causing entrapment.

The client suffered nerve entrapment of the lateral femoral cutaneous nerve. Attorney Ferry tried the case in Hartford Superior Court. After a six-day trial and two days of jury deliberations the jury returned a verdict for the client of $350,000.00.

MEDICAL MALPRACTICE - $68,000.00 - JURY VERDICT
New London Superior Court
November 8, 2008

A physician's assistant was found liable for cutting an elderly patients leg while removing surgical draping at the conclusion of knee replacement surgery. The wound required sutures, wound care and dressing changes and left a 12 cm scar. The Defendant offered $15,000.00. Plaintiff's last demand was $35,000.00. Defendant denied negligence at trial.

CASE CAPTION: PATRICIA COLLINS v. DANIEL SCOPPETTA, M.D.

VERDICT: jury awards $350,000. Court remitted damages in the amount of $35,435 and collateral source offset in the amount of $5,731 for a net verdict of $308,834.

Breakdown: $50,000 for economic damages and $300.000 for non-economic damages.

DOCKET NO.: CV-03-0822784-S

COURT: Hartford Superior Court

JUDGE: Kevin E. Booth

DATE OF VERDICT: July 7, 2005

ATTORNEYS:

PLAINTIFF:	Kevin C. Ferry, Esq., Law Office of Kevin C. Ferry, L.L.C., Hartford
DEFENDANT:	John W. Sitarz, Esq., Cooney, Scully, & Dowling, Hartford

FACTS: A Hartford Superior Court jury deliberated for two days before returning a verdict in the amount of $350,000 to a woman who proved that her surgeon fired a cork screw like tack into her lateral femoral cutaneous nerve. The surgeon was affixing a piece of mesh during a laparoscopic hernia repair surgery when he committed the error.

Defendant Daniel Scoppetta, M.D., a general surgeon, recommended surgical repair of Plaintiff's inguinal hernia. The Plaintiff, Patricia Collins consented to surgery and the operation took place on September 11, 2001. The Court forbade Plaintiff's lawyer from making argument that the date of the surgery played a role in the Doctor committing an error. Following the surgery, plaintiff was diagnosed with nerve entrapment of the lateral femoral cutaneous nerve. Plaintiff underwent a second surgery in which Dr.Scoppetta removed some of the tacks and repositioned others.

Plaintiff alleged that, during the placement of the mesh used in the repair, defendant placed tacks onto or into the lateral femoral cutaneous nerve, causing entrapment. Plaintiff alleged that defendant's care fell below acceptable standards. As a result of this negligence, plaintiff claimed she suffered a permanent nerve injury which was exacerbated by cold weather and clothing contacting her thigh.

Defendant argued that his care of plaintiff fell within all acceptable standards and the injury was one of the risks of the surgery. Defendant also argued that the plaintiff's leg injury was caused by insufflating the surgical site with CO2 under pressure. The defense presented a neurology expert to testify that the tacks played no role in causing the nerve entrapment.

PLAINTIFF PROFILE: Plaintiff was a 27 year old single female at the time of the incident. ALLEGED INJURY: Nerve entrapment of the lateral femoral cutaneous nerve resulting in permanent pain and thigh numbness.

TRIAL DETAILS:

TRIAL LENGTH:	6 days
JURY DELIBERATIONS:	2 days

SETTLEMENT EFFORTS: Last demand: $200,000 Last offer: None INSURANCE CARRIER: CMIC

EXPERT(S):

PLAINTIFF:	Mitchell Frost, M.D. General Surgeon- Rockville, MD
DEFENDANT:	Mark A. Reiner, M.D. General Surgeon- New York, NY
	Robert L. Van Uitert, M.D. Neurologist- North Adams, MA

STATE V. RODRIGUEZ - FELONY TRIAL - JURY VERDICT

The firm represented Mr. Rodriguez on multiple felony charges. Mr. Rodriguez was observed by a joint task squad of local and state police based on a tip provided by a confidential informant. Rodriguez was seen with a garbage bag which was later searched by police and found to contain 700 bags of heroin. He was charged with possession with intent to sell, possession within 1500 feet of a school and numerous other felony charges. The jury found the defendant not guilty of all charges.

CRIMINAL TRIAL VERDICT

UPDATE – MAY 2010 – The Connecticut Supreme Court has taken this case from the Appellate Court. Unfortunately, case did not make it on the Court’s May term docket, so it will not be heard in the Connecticut Supreme Court in the fall.

State v. Doe: Mr. Doe was accused of sexually assaulting three different young girls over the course of five years. From day one, he denied any wrongdoing and demanded a trial. Mr. Doe took and passed a lie detector test administered by a highly trained former FBI employee. Two accusers said they were assaulted by Mr. Doe in a local business establishment. The third claimed she was molested during the middle of the night in Mr. Doe's home. The trial court consolidated all three cases and at trial Mr. Doe faced nine felony charges. His maximum jail exposure was in excess of fifty years.

With the help of an expert trial consultant, Allen Cowling, from Cowling Investigations, a lot of hard work, and collaboration with top experts on child abuse in the country, Mr. Doe was acquitted of all sexual assaults and was found guilty of one count of risk of injury to a minor. This verdict was accepted by the Court in Manchester, Connecticut in March 2007. The case is under appeal and Mr. Doe stands an excellent chance of prevailing on appeal.