Ben Zimmermann argues appeal of product liability case in the First Circuit Court of Appeals
Sep 13, 2013OUTCOME: Supreme Judicial Court Affirms $20.6 Million Judgment Against Toys 'R Us
http://www.sugarman.com/lawyer-attorney-2118901.html
Benjamin R Zimmermann's Legal Cases (11)
Boston, MA
Defective and dangerous products Lawyer at Boston, MA
Practice Areas: Defective and Dangerous Products, Medical Malpractice ... +2 more
Quincy Mutual Fire Ins. Co. v. Quisset Properties, Inc., 69 Mass. App. Ct. 147 (2007)
N/AOUTCOME: Settlement Obtained
Sugarman attorneys represented a state trooper who was catastrophically injured when struck by a car registered to Quisset Properties and insured by Quincy Mutual. Quincy Mutual denied coverage for the ... state trooper’s injury claims on the basis that its insured (Quisset) failed to provided Quincy Mutual with necessary information about its business and, as a result, was in breach of the insurance contract. Sugarman attorneys intervened on behalf of Quisset and successfully argued on appeal that the insurance policy applied. As a result, they were able to obtain a sizable settlement, paid by two insurers including Quincy Mutual, for the state trooper.
Morgan v. Lab. Corp. of Am., 65 Mass. App. Ct. 816 (2006)
N/AOUTCOME: Jury verdict
Jury verdict against medical laboratory for negligently reporting test results leading to a patient’s permanent nerve damage. The Massachusetts Supreme Judicial Court rejected the medical laboratoryâ ... €™s appeal and affirmed the jury’s verdict won by Sugarman.
Injury to flight attendant
N/AOUTCOME: Jury verdict
Jury award to a flight attendant who suffered a debilitating back injury after the plane she was in was struck by a mail cart while parked on the tarmac.
Failure to diagnose fetal distress
N/AOUTCOME: Settlement Obtained
Settlement from obstetrician for brain-injured child for failure to perform C-section sooner.
Defective shopping center access road
N/AOUTCOME: Settlement Obtained
Settlement for family of pedestrian killed after being hit by a car because of failure to install barrier or guardrail in a shopping center access road.
Defective aerial lift design
N/AOUTCOME: Settlement Obtained
Settlement for the child's family when young boy suffered severe brain damage that left him paralyzed, unable to speak or care for himself when an aerial lift truck he was riding in tipped over because ... of a defect in its design.
Christopher v. Father’s Huddle Cafe, Inc. et al., 57 Mass. App. Ct. 217 (2003)
N/AOUTCOME: Verdict
Verdict, including punitive damages, against the bar and its management company for failure to provide adequate security, resulting in the off-premises death of a patron. The verdict was upheld on appe ... al.
Negligence- Fall at Construction Site
N/AOUTCOME: Verdict $2.5 million
The plaintiff, a 45-year-old construction worker, was refinishing the concrete floor of a retail space at the Natick Mall. While walking down a service corridor at the mall, he fell from an unguarded ... second-floor opening in an exterior wall of the building. The opening from which the plaintiff fell was part of an ongoing construction project being completed by the defendant Dimeo at the mall. The opening was being used to discard construction debris and to receive construction materials, and opened to a dumpster on the ground below. As a result of the fall, the plaintiff landed in the dumpster below and suffered severe fractures of both feet and ankles which his surgeon determined would not benefit from surgical repair. The plaintiff brought claims against the defendant, alleging that it failed to secure the opening and left a known fall hazard accessible to the public and workers in the mall, including the plaintiff. The defendant agreed that the opening should not have been left unguarded, and denied ever leaving it unsecured. The jury was shown photographs taken within a day of the accident showing the opening left open and unsecured. The defendant also claimed that the plaintiff was trespassing, and that the plaintiff was at fault for approaching the opening. The plaintiff's medical expenses were $58,000. His injuries kept him out of work for approximately one year, although the plaintiff presented evidence that he had tried to return sooner. While there was no claim for lost wages (plaintiff owned his own business and kept it running while injured), there was a claim for past and future earning capacity. The plaintiff’s treating physician testified that the plaintiff was left with significant and permanent pain and limitations, and that at least one of his ankles would likely require surgical fusion in the future. The case was tried to a jury the week of March 14, 2011 in Middlesex Superior Court. After a day and a half of deliberations, the jury found that the plaintiff was not a trespasser, that the defendant’s negligence caused the accident, and awarded the plaintiff $2.5 million in damages. The damages were reduced by 26%, the portion of fault the jury attributed to the plaintiff. With interest, judgment entered in excess of $2,300,000. Defendant’s Motion for JNOV or New Trial was denied.
Pool slide fatality
N/AOUTCOME: Verdict $20.6 million
Sugarman lawyers secured $20.6 million in punitive and compensatory damages for a Colorado man whose wife was critically injured from a defective pool slide sold online and in stores by Toys R Us. The ... slide was imported from China and did not comply with federal standards regulating swimming pool slides. The jury award is one of the largest personal injury verdicts in Massachusetts in 2011.
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