Attorney David A Boswell's Legal Cases

Personal injury

Nash v. Donegal Mutual Ins. Co. & Atlantic States Ins. Co.

Dec 02, 2022

OUTCOME: $665,000 to Plaintiff

Plaintiff was injured in a T-bone collision caused by another driver, who had only minimum limits liability insurance. David brought an underinsured motorist claim against the Plaintiff's own insurer, ... substantiated serious injuries through medical reports and imaging studies, and was able to secure substantial compensation for the Plaintiff from the underinsured motorist insurer, in addition to the funds obtained from the negligent driver's insurer.

Workers compensation

Gloria Rivera v. Global Exterior, LLC

Aug 02, 2019

OUTCOME: Full death benefits paid to the surviving spouse, for claim that was initially denied in full.

David assisted the widow of a roofer who fell to his death. The roofer's employer had no valid workers' compensation insurance. The workers' compensation insurer for Global Exterior, Inc., denied sur ... viving spousal death benefits on the grounds that it had a certificate of insurance which antedated the fatal accident. David put on his private investigator hat, and tracked witnesses throughout the State and into Maryland, and secured evidence that (a) the certificate of insurance was forged and (b) the forgery took place after the fatal accident, such that it provided no valid defense. The defense crumbled, and the widow received death benefits of $400,000, and filed a subsequent suit against the insurer for bad faith.

Workers compensation

Landon v. Beebe Medical Center, IAB No. 1347547

Apr 10, 2015

OUTCOME: Award to the claimant for past medical expenses, surgical authorization, lost wage benefits at the maximum rate, attorneys' fees; subsequent payment of lost wages to retirement age and permanent impairment benefits.

A thoracic spine injury and proposed surgery was hotly-contested by the workers' compensation carrier, which claimed that none of the Claimant's problems were caused by her work accident, due to a five ... -month gap in treatment. Mr. Boswell called 5 doctors to testify as fact witnesses and medical experts on the claimant's behalf at a 3-day hearing before the Industrial Accident Board. The Board awarded the claimant everything that she sought in an award of July 20, 2011, for lost wages, medical bills, and surgical authorization. That award secured the foundation for subsequent permanent impairment and disfigurement benefits. In 2015, lost wage benefits through the claimant's retirement age were recovered, together with benefits for a 27% permanent impairment to the thoracic spine .

Workers compensation

Hernandez v. Harrigan-Ferro, IAB No. 1386824

Feb 06, 2015

OUTCOME: Total awards and interest exceeded $600,000.

Roofer fell 3 stories sustaining leg fracture. Mr. Boswell secured awards of workers' compensation benefits from the Industrial Accident Board for lost wages, medical expenses, permanent impairment, a ... nd disfigurement, and won before the Superior Court when the respondents appealed, receiving awards of attorneys' fees at both levels. A Huffman action for statutory damages for nonpayment ensued. Total judgments entered by the Superior Court for the claimant total over $600,000.

Workers compensation

Gargano v. Delhaize American, Inc., dba Food Lion, IAB # 1171973

Sep 06, 2012

OUTCOME: Awards from the Board for lost wage benefits, permanent impairment benefits, surgical authorization and other medical benefits, attorneys' fees, and medical witness fees

Through several hearings over a decade, an injured worker who sustained serious injuries at work, requiring three back surgeries, received lost wage benefits from 2001 through her retirement age, succe ... ssfully fighting off repeat efforts by the workers' compensation carrier, utilizing hired-gun doctors, surveillance, and purported vocational experts, to terminate them. Mr. Boswell adduced substantial evidence that those labor market surveys were fraudulent; the Board's decisions found that the claimant remained totally medically disabled. The Board approved a lump-sum award of lost wage benefits through retirement age in September 2012, which kept the claimant's medical benefits open.

Car accident

Reinke v. Furbush, C.A. No. 08C-09-033 WLW, (Del. Super.)

Dec 01, 2011

OUTCOME: Plaintiff's Jury Verdict for $95,000; cost award of $8,543.13

Plaintiff was rear-ended in a motor vehicle collision, and sustained soft-tissue injuries to the spine. The defense made a pre-trial offer of judgment for $40,001.

Workers compensation

Mariner v. Dollar Tree Stores, IAB No. 1253410 (IAB May 25, 2010)

May 25, 2010

OUTCOME: Award to Claimant of 222.5 weeks of permanent partial impairment benefits plus attorneys' fees and costs

Where the defense medical expert contended that the claimant had permanent impairments of 30% to one arm and 23% to the other, and was entitled to 132.5 weeks of benefits, Mr. Boswell secured an award ... from the Industrial Accident Board for permanent impairments of 64% to one arm and 25% to the other, or 222.5 weeks of benefits, plus an award of medical witness fees and attorneys' fees.

Workers compensation

Wingate v. Aramark, IAB No. 1155653 (IAB April 28, 2010)

Apr 28, 2010

OUTCOME: Award to the claimant of 4.5 years of past temporary total disability benefits, and continuing into the future; all medical expenses sought; an 8% increase in permanent partial impairment to the cervical spine; medical witness fees; and attorneys' fees

Where a workers' compensation carrier cut off further benefits for an old neck injury after all 300 weeks of temporary partial disability benefits had expired, and the claimant's former law firm though ... t the claims were too risky to proceed, the claimant switched his representation over to Mr. Boswell, who secured for him an award of past and ongoing temporary total disability benefits, increased permanent impairment benefits, and all medical and prescription benefits claimed. A subsequent commutation covered the claimant's lost wage benefits until retirement age. All told, the claimant secured payments from the workers' compensation carrier of nearly half a million dollars through Mr. Boswell's assistance.

Wrongful death

Sanchez-Caza v. Estate of Whetstone. Del. Super., C.A. No. 02C-08-002 THG

Aug 14, 2006

OUTCOME: $1.2 million recovery for the plaintiff

A one-year old boy lost his mother to a drunk driver. After securing the maximum $200,000 available from insurance coverage, Mr. Boswell recovered another $1 million dollars in personal assets of the ... defendants - one of the largest recovery of personal assets in excess of available insurance coverage in the lower two counties of Delaware

Civil rights

Via v. Taylor, 224 F. Supp. 753 (D. Del. 2002), later proceeding. 2004 U.S. Dist. Lexis 11246 (D. Del. 2004)

Jun 16, 2004

OUTCOME: Verdict for Plaintiff; Reinstatement, Injunctive Relief, Attorneys' Fees and Costs awarded to Plaintiff

Mr. Boswell took his correctional officer Plaintiff's case against the State to trial in the Federal District Court in Wilmington, Delaware, with a former cabinet-level corrections secretary from Kansa ... s as his expert witness; Verdict for Plaintiff. This case vindicated the civil rights of privacy and free association of thousands of correctional officers, so that they may not be punished for off-duty associations which have no rational relationship to prison security. See "Love cost prison guard her job, Court gives it back" in The News Journal at AI (6/24/2004).

David A Boswell's Legal Cases (16)

Nash v. Donegal Mutual Ins. Co. & Atlantic States Ins. Co.

Gloria Rivera v. Global Exterior, LLC

Landon v. Beebe Medical Center, IAB No. 1347547

Hernandez v. Harrigan-Ferro, IAB No. 1386824

Gargano v. Delhaize American, Inc., dba Food Lion, IAB # 1171973

Reinke v. Furbush, C.A. No. 08C-09-033 WLW, (Del. Super.)

Mariner v. Dollar Tree Stores, IAB No. 1253410 (IAB May 25, 2010)

Wingate v. Aramark, IAB No. 1155653 (IAB April 28, 2010)

Sanchez-Caza v. Estate of Whetstone. Del. Super., C.A. No. 02C-08-002 THG

Via v. Taylor, 224 F. Supp. 753 (D. Del. 2002), later proceeding. 2004 U.S. Dist. Lexis 11246 (D. Del. 2004)