Our client was struck from behind while stopped in traffic on Brookline Street in Newton, Massachusetts. The force of impact drove his head back into a rigid headrest and shortly thereafter he develop...ed a detached cornea in one eye. Although it took three surgical procedures to repair (re-attach) the cornea he has happily avoided the need for further medical intervention. Unfortunately, his eyesight will most likely be permanently “wavy” in the affected eye without wearing eyeglasses, his case was resolved in mediation without the need to take the matter to court. Medical bills totaled about $7,000 and lost earnings about $11,000.
Criminal defense
Not Guilty Verdict
Feb 14, 2012
OUTCOME: Not Guilty
In a 6-day jury trial John Reilly contended that our client was the victim of excessive Police force (pepper spraying and then using a flashlight to smash and break the teeth of a handcuffed man lying ...on the ground) and that Providence Police charges that he was disorderly, obstructed an officer and resisted arrest were fabricated in an attempt to “cover up” the excessive and unnecessary force. Three police officers testified under oath that the charges were justified and that no excessive force had been used. With the help of defense witnesses, a surveillance video and other physical evidence, a jury of twelve deliberated for only one and one-half hours before returning non guilty verdicts on all counts and charges. (State v. Costa No. P3-2893A, Providence County Superior Court, February 14, 2012).
Wrongful death
Automobile Accident - Wrongful Death
May 13, 2011
OUTCOME: Settled for $575,000.00
Our clients in this case were the adult children of a 60 year old male who died at the scene of a tragic motor vehicle accident in on Route 95 in Attleboro, Massachusetts on the morning of September 16..., 2006. The driver who caused the accident was on his way to work and was apparently distracted looking for a cellular telephone seconds before the collision. It was difficult to establish exactly how long our clients' father was conscious before his death, but it seemed to only be a matter of minutes. Both drivers began and planned to end their trips that day in Rhode Island and the laws of the State of Rhode Island are generally more favorable to plaintiffs in situations such as this. So the defense argued that Massachusetts law should be used. When the case was reached for trial the Rhode Island trial judge agreed with our position and ruled that Rhode Island law would be applied. The economic expert that we hired concluded that as of the time of trial the economic losses to our clients (the Estate) were roughly $190,000 and due to the sudden onset of death there were not many medical expenses. Additionally, the medical examiner pointed out that the decedent had a pre-existing health condition that could have contributed to his demise. The defense decided to forego an appeal of the trial judge's ruling and the parties negotiated a settlement in the courthouse. The Probate Court later reviewed and independently approved of the settlement and the case is now closed. Timothy W. Crowe, Administrator v. Abel Womack, Inc., et al (Providence County Superior Court, docket number PC-09-4212) (April - May, 2011).
Personal injury
Workplace Accident
Nov 09, 2010
OUTCOME: $1,000,000.00 settlement
Our client was hired as an independent subcontractor to perform roofing work for a general contractor on a new home being constructed in Block Island, Rhode Island. The general contractor insisted upon... using his own staging and scaffolding on the job but our client was allowed to use his own roof jacks. At the end of a long workday, our client lowered himself to the scaffolding erected by the general contractor and eventually tried to lower himself (holding onto the scaffolding) to reenter the unfinished house through a rough window opening. As he started to lower himself, the scaffolding tilted and our client fell more than 20 feet onto the ground and a pile of shingles. His fall caused numerous, severe injuries including a jaw broken in several places, lost teeth, fractures of his lower extremity a concussion and nerve damage. Nobody else saw him fall, so when the general contractor called the 9-1-1 emergency system he stated that our client (his roofer) had "fallen off the roof". As so often happens (especially when someone's jaw is broken in so many places that he could hardly talk), that initial "history" was repeated by the rescue squad, air transport, and at hospital emergency rooms. Additionally, for some unknown reason the general contractor gave an elaborate (but false) story about finding evidence that our client had indeed fallen from the roof of the house. The general contractor also removed the staging the day after the accident (legally called "spoliation") and later used different, much safer staging to complete the work (legally called "subsequent remedial measures"). Our client has never been able to work since the accident. Through photographic evidence, deposition testimony and lots of hard work, we were able to demonstrate the actual reason for our client's fall and injuries and recover the entire amount available under the general contractor's insurance policy - ONE MILLION DOLLARS- through settlement before it got to trial. Laraway v. Seaside Enterprises, Inc., et al, Washington County Rhode Island Superior Court docket no. WC09-0315)
Wrongful death
Bicycle Accident - Death - $700,000 Settlement
Oct 04, 2007
OUTCOME: $700,000.00 settlement
Our client's teenage son was hurrying home on is bicycle. He entered an interesction against a red light, peddling as fast as he could. Eyewitnesses said that he did not seem to look to either side. At... the same time a rental car driven by a youthful operator entered the same intersection, speeding. The car and bicycle collided and our client's son was thrown from his bicycle onto the grassy edge of the roadway. He suffered severe injuries and efforts to revive him failed. The defense hired an expert witness who claimed that the defendant driver was not going as fast as the police investigation suggested. In turn, we engaged our own experts who supported the police version. Rhode Island has a "pure" comparative negligence statute, meaning that our potential recovery at trial could be reduced by the percentage of negligence that a jury might determined was attributable to our client's son. The case became more complicated when the insurance company for the defendant was a member of the Kemper Insurance Group and we discovered that those companies were in such bad financial condition that a couple of years ago the Illinois Department of Insurance has decided to require them to stop writing policies and "run off" or close their business. A March, 2007 audit essentially concluded that they might not last in business for more than a couple more years, meaning that even if we obtained a favorable jury verdict there was risk in being able to recover more than a percentage of it if appeals occurred and took significant time to resolve. The last offer had been $350,000, but with trial imminent the parties reached settlement with the assistance of a mediator. Providence County Superior Court, Rhode Island (October 4, 2007).
Construction and development
Civil Rights Settlement for Contractor
Sep 20, 2006
OUTCOME: Settled for $175,000.00
Our clients had more than 30 years of extensive commercial and residential construction experience when they agreed to do some work for a homeowner who apparently had different political ties and some ...history of conflict with the Town of Swansea's then building inspector, Clinton Watkinson. As the project began, Watkinson made things extremely difficult and became more and more irrational as he was questioned about his ever-changing directives. The building official began remarking that he would "never" give our clients any more building permits in Swansea. He issued trumped-up "cease and desist" orders, at one point claiming that our clients were doing at a Swansea jobsite when in fact they had been working on a large Rhode Island project and had not done anything in Swansea for weeks. Ultimately, the State issued a permit for the original project and It became generally known that our clients would have difficulty getting any permits in Swansea. So we initiated a civil rights lawsuit on their behalf in the United States District Court in Boston, naming Watkinson and (due to his status as a decision-maker) the Town as well. Within three months of filing the suit, Watkinson "retired". During the ensuing 3 years, our clients' relationship with new Town officials has been immensely improved. The case proceeded and proceeded to mediation after Senior Judge Morris Lasker completely denied extensive and creative motions by the defense to dismiss our claims. Mediation sessions with Magistrate Judge Judith Dein took place on two occasions, resulting in a $175,000 settlement. REBS, Inc, et al v. Clinton Watkinson, et al, C.A. No. 02-12188 MEL
Car accident
Car Accident - $590,794 Jury Verdict
Dec 07, 2004
OUTCOME: $590,794 jury verdict
In December, 2004, a Kent County Superior Court jury returned a total verdict of $590,794 in a case in which our client was struck from behind by an inattentive motorist, causing fractured teeth and a ...temporomandibular joint dysfunction. The defense contested both responsibility for the accident and the extent of our client's injuries. Our expert in dentistry, Stuart Ross, D.M.D. helped convince the jury of the serious nature of the injuries. The resulting verdict was determined to be the fourth highest in Rhode Island for the year 2004 and was paid (with additional interest and costs) in 2005. Sweeney v. Farnum, No. KC01-960.
Civil rights
Tapalian v. Tusino, 377 F.3d 1 (1st Cir., 2004)
Jun 25, 2004
OUTCOME: Plaintiff's verdict upheld on appeal
Defendant public works director knew Plaintiff owned property used in the adult entertainment business and asked my client for "two girls and a boat" while inspecting a minor road widening and resurfac...ting project in Seekonk, Massachusetts. When the developer refused, Defendant made ridiculous requests and demands for the project that were far in excess of anything other similar projects (including town projects) were required to do. This resulted in suit with a jury verdict against Defendant for compensation, punitive damages and attorney fees on a "class of one" civil rights violation complaint. Defendant appealed and the First Circuit Court of Appeals in Boston upheld the verdict. The appellate decision has been cited and referred to in hundreds of other cases throughout the country. John Reilly was trial counsel and on the appeal brief.
