PERSONAL INJURY--

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

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.