Boston Civil Case Attorneys
Examples of Civil Cases
Attorneys at Denner Pellegrino, L.L.P., undertake almost any type of civil litigation, from fraud to civil rights violations to business matters. In our effort to resolve disputes effectively, we use the extensive resources of the firm and our willingness to employ the method that is most likely to get results. Our lawyers use negotiation, mediation, arbitration, bench trials and jury trials in civil litigation cases, a few of which are noted below:
Elderly Woman Purchases an Annuity for Life, and Insurance Company Stops Payments After Five Years
Our client was a woman in her 70s who purchased an annuity for life and five-years certain. She thought that she would receive a monthly benefit for life and that if she were to die within the first five years after purchasing the annuity, her beneficiaries would receive whatever monthly benefits were left during the five-year period. If she were to die after the first five years of the annuity, her beneficiaries would receive nothing. Our client lived past the first five years, but her annuity payments stopped after five years. The firm filed suit against the insurance company in U.S. District Court.
- Result: The jury returned a verdict finding the insurance company breached the contract and made negligent misrepresentations. Our client was awarded payments for life and a monetary stipend for her emotional distress. The insurance company appealed the decision to the First Circuit and lost their appeal. Attorney Raipher D. Pellegrino prevailed.
Verdict for the Firm's Client for $936,000 in Contract Dispute Between Two Chiropractors
Attorney Raipher D. Pellegrino, partner in Denner Pellegrino, represented Plaintiff, a chiropractor, in a contract case against Defendant, also a chiropractor, and related entities. A multiple day jury trial was held in Hampden County Superior Court, and resulted in an award including interest of $936,000. Attorney Pellegrino argued that Defendant had a plan to take Plaintiff's clients and equipment for his own sole benefit while under the pretense of a partnership.
Both doctors are licensed chiropractors in the Commonwealth of Massachusetts. Plaintiff hired Defendant to work for him at his practice and sometime later the parties agreed to form a partnership. Defendant then introduced Plaintiff to an investment counselor regarding the formation of a trust, with the stated purpose of protecting Plaintiff's assets. Shortly after the formation of the partnership, the parties agreed to change the name of the practice.
Without Plaintiff's knowledge, Defendant organized a new limited liability company with himself and the trust as the only agents. Defendant informed Plaintiff that the remaining income was being invested in an offshore bank in the Bahamas for the benefit of the partners. The Defendant refused to account to Plaintiff for any partnership income or expense. As a result the Plaintiff informed Defendant that he wanted to terminate the partnership. Subsequently the Plaintiff learned that Defendant had secretly been soliciting clients to new entity's new location, of which Plaintiff had no knowledge. Defendant then took all current client files and all office and medical equipment to the new location while Plaintiff was away on vacation.
The jury found for Attorney Pellegrino's client and against Defendant on negligent misrepresentation and against the new entity on intentional misrepresentation.
- Result: On February 23, 2007, a Hampden County Superior Court Jury returned a verdict of $650,000 plus interest for a total of $936,000 for the Plaintiff.
Boston University Student Shot by Police Receives Damages of $250,000
In October 2004, a 19-year old Boston University undergraduate was sharing in the joyful celebration-turned riot after a Red Sox victory over archenemy team, the Yankees, when suddenly he was shot in the forehead by a police officer's pepper pellet bullet. The student's injury required removing shrapnel from his head and sinus cavity, and he received a metal plate in his head. The student was relatively fortunate because another Boston University undergraduate was killed from the same type of bullet, and a second was shot numerous times. A scathing report of the police action and the incident was quickly made public. Among other criticisms, it was learned that the police who used the pellet guns were untrained in their use, and so were unaware that the guns were not intended to be directly aimed at a person's head area - precisely where they hit the students.
The student immediately hired the Denner Pellegrino firm. Our attorneys negotiated a fair and just settlement.
- Result: The City of Boston paid $250,000.00 to the student for damages.
Young Man Shot by Police Was Awarded $475,000 With a Substantial Reduction of Medical Lien
Our client, who had outstanding warrants against him, possessed a small amount of contraband in the car he was driving, had recently used heroin, and was being followed by the police, refused to stop, and was pursued. He lost control of the car and smashed into a telephone pole. He then opened the car door, heard someone say "stop" or "freeze" and started to run away. A Medford police officer fired a single gunshot which struck the plaintiff in his lower back. The officer had shot at least one other civilian in the past, also allegedly in the line of duty.
A witness observed the incident and intended to support the police officer's story; however, her version of events instead supported our client's in several respects. The witness never saw the plaintiff touch or threaten any police officer after he got out of the car. Even from a distance, she could see that the plaintiff was dazed, had no weapon and was running away from the shooter at the time of the firing. The officer claimed he drew his weapon appropriately, but he could not recall actually firing it. He suggested that the gun may have discharged by accident. Denner Pellegrino attorneys Jeffrey Denner and Robert Sinsheimer produced testimony that the trigger-pull required eight to nine pounds of pressure. The bullet had shattered our client's kidney and severed his aorta. During his stay in the medical system, he was able to overcome his drug habit.
- Result: A settlement of $475,000.00 with a substantial reduction of the medical lien.
Firm Wins Large Monetary Settlement for Homeowners
On behalf of a group of seven neighbors, Attorney Pellegrino sued the city of Chicopee based on the city's liability for not preventing a known 30-year-old dumping practice in the ravine behind their homes. The dumping resulted in erosion of the slope of the land, illegal water pooling and instability in the foundations to their homes.
After seeking help from five different attorneys over several decades and being told they had no cause of action, attorney Raipher Pellegrino sued under a specific tort: a violation of the Wetlands Act. He theorized that for each day the material or fill was in the ravine behind the homeowners' homes, there was a new tort and the statute of limitations had not run out. Of the seven members in the original complaint, two withdrew for fear of retaliation from the city.
- Result: On the eve of trial, a settlement was offered by the city. The settlement was unique in that it offered each home owner a cash settlement and a 50% assessment of property taxes for life, resulting in very large sums. After trying for so many years to protect their personal investments, they had finally prevailed. Subsequently, the two property owners who had withdrawn from the suit retained attorney Pellegrino and he again sued the City resulting in similar settlements for both property owners.
For more information about our record with civil court cases, contact Denner Pellegrino, L.L.P. Call us toll free at 866-348-0900 or at our Boston (617-227-2800) or Springfield (413-746-4400) office. We welcome clients who speak languages other than English, including Spanish, Portuguese, Russian, Hindi and other South Asian languages. Calls are answered 24 hours a day, seven days a week.
