Attorney David J Lyons's Legal Cases

Personal injury

Condo Rental Mold Case

Dec 01, 2015

OUTCOME: Recovery for likley value jury would have awarded acheived .

Plaintiff with mold allergies. Condo covered in mold due to leaks in roof left unrepaired. Defendants Condo Association, Condo owner, Condo management company, among others. Long story short - No insu ... rance - vigorous defense from Condo association and Owner - both of whom sought insurance coverage but were found not to be insured for the risk. Case against Condo Association and Owner settled for nominal amount which left remaining defendants individual management company owner and his company. Both stopped defending the claims against them and fell to default judgement motions, ran with their assets and things looked bleak re any recovery. Inquisition as to damages scheduled, neither appeared and reasonable damages as well as pre and post judgment interest awarded by the Superior Court. About this time my paralegal discovered the condo management company had 4 condos from the community sold at execution sale initiated by Condo Assn. Excess Judgment funds were left over in State accounts which almost covered our inquisition judgment. We went after those funds and after several stops and starts convinced Superior Court Judge to release the $$$$ to us. Moral of the story: Don't take a case without insurance, but never give up. The money may be closer than you think.

Personal injury

HIGH SCHOOL WRESTLING INJURY

Apr 01, 2014

OUTCOME: Mediated settlement.

Student suffered a broken neck at an alleged sanctioned but unsupervised wrestling practice while playing a wrestling game in a dangerous manner. State defendants put up a vigorous defense arguing the ... student wrestlers knew there was no practice, were trespassing on school grounds at the time of the injury and were insulated from liability by sovereign immunity. Survived a Summary Judgment Motion and the case went to mediation and resolved on settlement terms which were to remain confidential. I took the case after it had been turned down by at least one other attorney which made the fact of obtaining a recovery by way of a settlement for the client even more satisfying given the complex factual and immunity issues.

Personal injury

Motor Vehical Accident Claim

Feb 02, 2009

OUTCOME: Case settled for $450,000.00

Represented a woman with significant spinal cord / disc injuries who was involved new auto collision. After receiving the limits of the at fault driver's auto policy, we made a claim against my client ... 's Underinsured Motorist Coverage. Despite the complexity of proving the client's new injuries were separate and distinct from her pre existing injuries, we were able to prove though medical opinions and records that was in fact the case and settle the underinsured claim for an additional $450,000.00.

Personal injury

Motorcycle Accident Claim

Jun 02, 2008

OUTCOME: Settled for a quarter of a million dollars.

Motorcyclist came to me with severe injuries having been cited with running a red light at an intersection and thus bearing complete responsibility for his injuries. I took both the traffic defense ca ... se and the personal injury claim and hired and accident reconstruction expert. The expert was able to show that the damage to the motorcycle and the car it struck were consistent with the car as having run the red light not the motorcycle leading to an independent witness's testimony to be reconsidered by the deputy attorney general set to prosecute the case and the charges to be dropped.Thereafter based on my client's knjuries the case settled for a quarter of a million dollars.

Workers compensation

Workers Compensation Discrimination Case

Jan 31, 2007

OUTCOME: Case settled after extended discovery for terms which were to remain confidential.

Brought suit against an employer for having discriminated against an employee for bringing a worker's compensation industrial disease claim based on exposure to an industrial chemical on a consistent b ... asis for many years. Employer was alleged to have discriminated against the employee by re exposing the employee to the same chemical after the employee brought the worker's compensation claim even though its own doctor had opined the employee should not be placed in proximity to chemical or its use.

Workers compensation

Worker's Compensation

Mar 06, 2002

OUTCOME: Widow awarded substantial benefits under the Workers Compensation Statute

Handled a case where a man with a severe back injury affecting the spinal cord committed suicide. Coroner ruled it a heart attack. One year later the Coroner's report was revised to indicate the death ... was caused by an overdose of Darvocet, a pain medication. I was able to convince the Work Comp Carrier that the wife was entitled to Spousal Benefits under the Worker's Compensation Statute linking the suicide by overdose to the unbearable work related back pain the Claimant suffered from. The benefits afforded the widow were significant.

Social Security & Disability

Social Security

Nov 01, 1995

OUTCOME: We presented the case to an Administrative Law Judge and won !! Chalk up one for JUSTICE.

I represented a very young child who was seeking children's social security benefits. The child was born with only one arm. You would think s/he would have qualified for benefits right away but was d ... enied twice by the time her parents brought the case to me. Prior to that they had heard one callous comment during the process : " What, [the child] has another arm." As you might expect , I took the case for free. The youngster had balance problems due the lack of another arm and would fall down suffering bruises on the head and body. Benefits would enable the purchase of an an expensive prosthetic device. We presented the case to an Administrative Law Judge and won !! Chalk up one for JUSTICE.

David J Lyons's Legal Cases (7)

Condo Rental Mold Case

HIGH SCHOOL WRESTLING INJURY

Motor Vehical Accident Claim

Motorcycle Accident Claim

Workers Compensation Discrimination Case

Worker's Compensation

Social Security