At Tetzel Law, we take pride in obtaining the best outcome for our clients. The following are some examples of successful results we achieved for our clients. These cases illustrate the variety of significant matters we handle, including nursing home negligence, medical malpractice, automobile accidents, slip and fall accidents, and premise liability cases.
$550,000 Motor Vehicle Accident Settlement, Spinal Cord Injury
On March 7, 2014, the Plaintiff, a thirty-three-year-old male, was involved in a four-car crash in heavy traffic on his way to work. The Plaintiff alleged the 16-year-old Defendant caused the event by initially rear-ending the Plaintiff’s car which resulted in multiple impacts with four vehicles.
The Plaintiff was transported to the hospital and diagnosed with a C4-C5 disk herniation that slightly compressed his spinal cord. He ultimately underwent a cervical diskectomy and two-level fusion within a week of the accident.
Plaintiff’s neurosurgical expert was expected to testify the Plaintiff sustained an acute traumatic cervical spinal cord injury with neurological deficits. Moreover, the expert opined the Plaintiff suffered permanent weakness in his arm, permanent damage to his cervical spine, and is at an increased risk to develop adjacent disc disease and additional surgery in his future.
$500,000 Break Failure Settlement
On January 21, 2014, the Plaintiff, a 63-year-old male, was working with a co-employee to attach a snow plow onto a truck as a winter storm was approaching. The Plaintiff acted as the spotter and situated himself in a garage bay where the snow plows were stored. As the Plaintiff’s co-employee drove the truck towards him to connect the plow to the truck, the brakes allegedly failed, pinning the Plaintiff between two plows. Post-incident investigations indicated the truck’s brake pads and rotors were worn and likely contributed to the crash.
Eight months earlier, the Defendant auto body shop performed a state inspection and major tune-up on the truck. The Plaintiff’s expert, an automotive engineer and certified inspection mechanic, was prepared to testify the Defendant conducted an improper state and brake inspection. The expert opined the worn brake pads and rotors had to be present at the inspection eight months earlier as the vehicle only experienced 2,200 miles of travel during that period. Plaintiff’s expert concluded the Defendant failed to warn the Plaintiff’s employer of the worn brake pads and rotors and failed to recommend replacement.
As a result of the incident, the Plaintiff suffered a serious right leg injury for which he underwent three surgeries. He was unable to return to gainful employment after the incident.
$500,000 Boating Accident
$475,000 Fall from Ladder Settlement
The Plaintiff, a tenant of the Defendant property owner, fell 25 feet from a ladder while in the process of painting and scraping a large multi-family property. Neither the ladder nor any of the equipment was alleged to be defective or unsafe. The Plaintiff sustained multiple injuries including a L2 burst fracture, fractured ribs and fractured fingers. He underwent surgery to his lower spine and right hand and suffered permanent injuries.
The case was brought against the property owner. Plaintiff alleged the Defendant was negligent by: a) failing to hire a reputable painting contractor as the job was extensive and dangerous; b) failing to provide adequate fall protection including staging; and c) negligently hiring the Plaintiff due to his known mental health issues.
The Defendant argued the Plaintiff’s comparative fault barred any recovery as he simply lost his balance while scraping in an unsafe manner. The Defendant also argued she did not owe a duty to provide fall protection or training because she was not a general contractor and did not maintain control of the worksite. The Defendant contended she was unaware of the extent of the Plaintiff’s mental health issues and even so, the Plaintiff was fully capable of appreciating the risks associated with the job.
$459,000 Disputed Property Damage Claim
Multiple pipes burst in homeowner’s vacant secondary residence causing substantial structural damage. Insurer denied the claim based on a failure to adequately maintain the property and disputed the value of the damage. After an in-depth investigation, counsel proved insurer’s obligation to provide full coverage for the occurrence and homeowner was fully compensated for damages to real and personal property.
$450,000 Medical Malpractice Settlement, Failure to Diagnose Leukemia
Plaintiff had a history of health issues and presented to her primary care physician for blood work which revealed high white blood cell count, absolute neutrophils and absolute monocytes. Despite acknowledgment of the abnormal results, no follow up blood count was performed. As a result, the Plaintiff’s Leukemia went undetected and untreated until it was too late to be effectively treated. Ultimately, the Plaintiff passed due to complications associated with Leukemia.
$209,000 Premise Liability Verdict, $325,000 Judgment After Interest
(Stuart v. National Amusements, Inc.; Middlesex Superior Court, Civil Action No.: 2012-02802)
On March 27, 2010, the Plaintiff, a 67-year-old male, watched a movie at the Showcase Cinema in Woburn, Massachusetts with his wife. At its conclusion, as the Plaintiff exited the theatre, he tripped and fell on a dustpan and broom extending over an aisle from a theatre chair. The Plaintiff fell forward and his head impacted a partition wall.
At trial, Plaintiff’s counsel proved the Defendant violated several of their own policies which included leaving obstructions in walkways/aisles, improper storage of cleaning equipment and failure to perform theatre safety checks. The Defendant’s employees admitted said policies were not followed on the night of the incident due to understaffing of ushers.
The Plaintiff sustained a head injury, namely post-concussive syndrome, as well as soft tissue neck and back injuries. All diagnostic tests were negative. He alleged the head injury significantly affected his everyday life due to constant, debilitating headaches. The Plaintiff sought treatment with many different neurologists and underwent various forms of treatment including steroid injections, Botox injections and daily pain medications.
The Plaintiff’s damages were complicated by a motor vehicle accident he was involved in two years prior for which he sought treatment and had references to head pain/headaches. The client also sat for a deposition related to the motor vehicle accident three days after the theatre incident and testified inconsistently about his injuries.
The case was tried over one week. The first and only offer was made before the final day of trial which was substantially less than the verdict.
$300,000 Motor Cycle/Bus Accident Settlement
In May of 2015, the Plaintiff, a twenty-three-year-old male, was operating his motorcycle when a school bus turned in front of him, causing the Plaintiff to swerve from the road and fall off his motorcycle.
The Plaintiff was transported to the hospital and diagnosed with fractures in his shoulder, wrist and thumb. In the months following the accident, the Plaintiff treated conservatively and returned to work as an apprentice electrician. After returning to work, it was apparent his thumb fracture had not healed properly. As a result, the Plaintiff underwent two surgical procedures to repair the nonunion in his thumb. He returned to work in a full capacity three months after the final procedure.
Plaintiff’s orthopedic expert was expected to testify the Plaintiff will continue to suffer from deficits relating to the mobility of his thumb. Plaintiff’s counsel argued those impairments will be magnified given the Plaintiff’s age and profession.
The Defendant contested liability as no contact was made between the Plaintiff and the school bus. The Defendant argued the Plaintiff had limited experience operating a motorcycle and was travelling at a high rate of speed. Further, the Defendant maintained the Plaintiff had a clear view of the school bus for a significant period of time and acted unreasonable in attempting to avoid it.
$210,000 Pedestrian Accident at Gas Station, Blood Clot Injury
Plaintiff owned a gas station and attended to one of the valves at the side of the building when a vehicle struck the Plaintiff and ran over his legs. Plaintiff suffered crush injuries to his leg, resulting in blood clots which ultimately caused a stroke. The insurance company disputed the extent of the Plaintiff’s injuries. Through consultations with experts, the attorneys at Tetzel Law obtained a policy limit settlement against the Defendant, and pursued an underinsurance claim to secure additional reward for the Plaintiff.
$235,000 Motor Vehicle Settlement, Contested Back Injury
Plaintiff exited a parking lot when he was struck by an oncoming vehicle. Plaintiff suffered serious injuries to his back, including disc injuries with the potential for future surgery. Insurance company initially denied liability and disputed the extent of the Plaintiff’s injuries. Prior to filing suit, the attorneys at Tetzel Law were able to settle the case for the policy limit of the Defendant. Further, the attorneys at Tetzel Law pursued an underinsurance claim and obtained an additional settlement for the Plaintiff.
$200,000 Medical Malpractice Settlement
Plaintiff presented to the Defendant hospital with worsening abdominal pain, loss of appetite, and weight loss. Plaintiff received a diagnosis of pancreatitis and discharged with pain medication but continued to present thereafter with chronic abdominal pain. Six months after the initial visit, Plaintiff presented to another hospital who performed a CT scan which revealed pancreatic cancer. The cancer was categorized as advanced, and despite eight months of chemotherapy, the Plaintiff passed away. The attorneys at Tetzel Law alleged the hospital breached the standard of care owed to the Plaintiff through their failure to follow up and perform an abdominal CT scan. The Defendant denied a breach occurred and argued the ultimate outcome would have been no different.
$150,000 Dog Bite Settlement
Minor Plaintiff was bit by a dog when she arrived to babysit at the Defendant’s home for the first time. The dog was restrained by the owners prior to the Minor Plaintiff’s arrival at the home, when the owner lost control of the dog and attacked the Minor Plaintiff. As a result, the Minor Plaintiff suffered serious bite injuries to her inner thigh and groin area with scarring, as well as emotional distress. Through investigation, the attorneys at Tetzel Law learned the dog failed K9 school. The case settled prior to filing suit.
$150,000 Property Owner Settles Dog Bite Case, Dog Owner Uninsured
In July 2012, the minor Plaintiff, five-years old at the time, was attacked by a pit bull mix at a multifamily property. He sustained facial scarring to his forehead.
The dog owners/tenants were uninsured. Plaintiff’s counsel pursued a claim against the property owner under a Nutt v. Florio theory; the dog owners/tenants remained as Defendants in the case to maintain joint-tort.
The property owners defended the case on the grounds they did not know the dog resided at the property, never saw the dog and likewise did not know of the dog’s dangerous propensities.
Through discovery, Plaintiff’s counsel identified the tenants’ previous landlord who was expected to testify he evicted the dog owners/tenants because the dog had attacked a child. In addition, Plaintiff’s counsel located a tenant to the property, who had since moved, and he was expected to testify the property owners knew the pit bull resided at the property and knew the dog was dangerous.
After the close of discovery, the parties unsuccessfully mediated the case. Shortly before trial, at the second mediation, the case settled for $150,000.
$150,000 Fall at Airport Settlement
Plaintiff returned home from a vacation and walked to the parking garage at the airport to leave in her vehicle. As she walked in the garage, she slipped and fell on ice, and seriously injured her left elbow. Plaintiff suffered a comminuted and displaced fracture involving the distal humerus at the elbow joint which required surgery. Plaintiff alleged negligence on behalf of the parking garage owner for failure to clear the snow and ice and negligently maintaining the parking garage. Defendant contested liability and argued comparative negligence on the Plaintiff. The case settled prior to filing a lawsuit.
$150,000 Fall at Large Retail Store
Plaintiff fell on an accumulation of water at a large retail store suffering a fractured hip. Defendant argued its employees and/or agents did not have proper notice of the hazard and the Plaintiff did not look where he was walking. In litigation, discovery revealed the Defendant created the hazard by allowing wet food pallets to remain in the aisles. The case settled soon after discovery at mediation.
$150,000 Trip and Fall Settlement
Plaintiff tripped and fell on a defective metal bracket at the top of the interior stairway at her apartment building. As a result, she suffered injuries to her right ankle and to her fifth digit. Through litigation and discovery, the attorneys at Tetzel Law were able to show notice of the defect, inadequate maintenance policies and procedures, and that the defect could have been corrected at minimal cost to the Defendant. The case settled at mediation.
$150,000 Fall at Department Store
Plaintiff exited the gardening section of home improvement store when she slipped and fell on the wet floor and suffered a fractured femur requiring surgery with hardware implanted. The exit of the gardening area of the store was exposed to the elements and there were no wet floor signs or rugs in the area. The case settled at mediation.
$150,000 Motor Vehicle Settlement, Contested Back Injury
Plaintiff was involved in a multiple vehicle rear-end collision on the highway. Suit was filed against the operators of the two vehicles immediately behind the Plaintiff’s vehicle. Plaintiff suffered back injuries including disc herniation and impingement of the L5 nerve root, requiring an L3-L4 laminectomy, L3-L5 posterior spinal fusion, and L4-L5 transforminal lumbar interbody fusion. Defendants challenged liability and causation. The case settled against both Defendants for the policy limits shortly after filing suit.
$135,000 Medical Malpractice Settlement
Plaintiff underwent an emergent c-section operation to deliver her child. During the operation, there were issues with anesthesia and the dosages applied. Plaintiff’s counsel alleged the anesthesiologist breached the standard of care by failing to appropriately administer anesthesia. Plaintiff received injections to her spine multiple times throughout the operation, but repeatedly expressed complaints of the pain throughout the entire operation.
$118,000 Transportation Bus Crash
Plaintiffs were passengers on a transportation bus traveling from New York to Boston when the tire of the bus suddenly detached, causing the bus to lose control. As a result of the incident, the Plaintiffs sustained injuries. Suit was filed against the transportation company and two other motor vehicle operators.
$117,500 Slip and Fall on Ice
Plaintiff fell on ice while walking out to her car at her workplace. Plaintiff filed suit against the property owner and snow/ice contractor. The Defendants argued there was a historic amount of snowfall that week and they acted reasonable in its removal. The Plaintiff was able to prove the Defendants miscommunicated and had a reasonable amount of time to remove the snow and ice. The case settled shortly after suit was filed.
$105,000 Nursing Home Negligence, Fall from Wheelchair
Plaintiff was a 95-year-old patient of the Defendant nursing home when she fell forward out of her wheelchair while being pushed by an employee of the Defendant. The Plaintiff suffered spinal fractures which were inoperable due to her age. The Plaintiff’s condition deteriorated throughout her hospital stay and she passed away. Prior to admission to the nursing home, the Plaintiff was a known fall risk with severe ambulatory issues. Plaintiff alleged the nursing home breached the standard of care owed to the Plaintiff by failing to adequately monitor the Plaintiff and failing to use certain safety precautions.
$105,000 Finger Injury in Defective Door
Plaintiff was a custodial worker in a multi-level building. As she passed through a large metal door with a trash barrel, she placed her body against the door to move the barrel through. As the barrel passed through, the wheels came off causing the Plaintiff to lose balance and place her hand near the door frame. The door suddenly closed with enough force to partially amputate the Plaintiff’s pinky finger. Through litigation and discovery, the attorneys at Tetzel Law showed the door was known to close rapidly and alleged the closer of the door was not properly adjusted. The case settled at mediation.
$105,000 Disputed Property Damage Claim
Flooding occurred in a two-family home due to a fractured plumbing pipe causing damage. Insurer denied the claim based on a failure to maintain the heat at a certain level given the cold outdoor temperatures. The insurer also disputed the value of the damage. After filing suit, counsel subpoenaed utility records to prove the homeowner maintained the heat properly. The matter settled soon thereafter for full value.
$103,000 Child Injures Hand in Escalator
Minor Plaintiff descended an escalator at a Shopping Mall when her fingers were caught within the side of the escalator after reaching down. Plaintiff suffered fracture to her finger, lacerations, and tendon injuries requiring surgery. The Defendant disputed liability throughout litigation. The case settled at mediation.
$100,000 Slip and Fall on Ice
Plaintiff returned to her apartment after a full day of work when she slipped and fell on snow/ice on the exterior steps of her building. As a result of the fall, Plaintiff suffered hip and toe injuries, which required epidural injections and an arthrosurface hemi-implant in her first metatarsal. Through litigation and discovery, the attorneys at Tetzel Law were able to show the Defendant failed to properly treat the snow/ice for a long period of time prior to the fall and would only treat snow after complaints by the tenants.
$100,000 Fall on Defective Stairs
Plaintiff tripped and fell as she exited the exterior stairs at her apartment and sustained a left hip fracture. Suit was filed on the case after the insurance company denied liability. Through discovery, the attorneys at Tetzel Law were able to show the Defendant had notice of the defective and eroding stairway which caused the fall. The case settled at mediation.
$100,000 Fall on Wet Floor
Plaintiff entered the main building of an auto auction on a rainy day when he slipped and fell on the tile floor. As a result of the fall, the Plaintiff suffered serious injuries including a hip fracture requiring surgery. Through discovery, the Plaintiff was able to show prior slip and fall incidents the same day, and that the Defendant failed to follow protocol in applying additional mats in the area. Defendant disputed liability through litigation. The case settled at mediation.
$100,000 Mold in Workplace Causes Respiratory Issues
Plaintiff worked as a Phlebotomist in the basement level of a building which sustained water and sewer damage resulting in mold development. Plaintiff suffered repeated sinus and lung infections due to the mold exposure and required multiple surgeries. Years later, the Plaintiff passed away. The Defendant denied liability and that the mold caused the Plaintiff’s untimely passing. After litigation, discovery, and the retention of experts, the Plaintiff’s estate settled the case for $100,000.
$100,000 Motor Vehicle Collision Causes Migraine Headaches
Plaintiff was involved in a rear-end accident on the highway when she slowed her vehicle due to heavy traffic. Plaintiff suffered multiple injuries, including disc herniation and severe migraines that continued to affect the Plaintiff long after the collision. Despite clear liability, the insurance company disputed the extent of the Plaintiff’s injuries. After filing suit and discovery, the case settled for $100,000 prior to trial.
$100,000 Minor Pedestrian Injures Leg
Minor Plaintiff crossed a typically quiet roadway on her bicycle when she was suddenly struck by an oncoming motorist. Due to the collision, the minor sustained serious injuries which required surgery with permanent hardware implanted. The attorneys at Tetzel Law were able to achieve a settlement with the insurance company for the policy limit within months after collision.
$100,000 Alleged Drunk Driving Crash
Plaintiff operated her vehicle and attempted to turn left into her driveway when struck by an oncoming motorcycle. Through extensive discovery and consultation with experts, the Plaintiff was able to show the operator of the motorcycle was drinking at a nearby bar and may have been intoxicated. The insurance company disputed liability and the extent of the Plaintiff’s injuries throughout the case. Case settled prior to trial for the policy limit.
$100,000 Motor Vehicle Settlement, Contested Back Injury
While travelling to Cape Cod, Plaintiff slowed for traffic and was rear-ended by another vehicle. Plaintiff suffered progressively worsening back pain and eventually underwent an L4-S1 anterior/posterior lumbar fusion procedure. The Insurance company disputed causation of the Plaintiff’s injuries due to the low impact and pre-existing conditions. The case settled during litigation.
$100,000 Pedestrian Accident
Plaintiff crossed a two-lane roadway and once nearly half-way through the street was struck by an oncoming truck that had turned right. Plaintiff suffered serious injuries including ulnar, radial and rib fractures, and required open reduction internal fixation surgery with permanent hardware. The attorneys at Tetzel Law were able to achieve a settlement for the operator’s insurance policy limit.
$100,000 Work Truck Motor Vehicle Collision
Plaintiff operated his work truck on the highway when he was struck head-on, sustaining serious injuries. The attorneys at Tetzel Law expeditiously investigated the case and obtained a settlement for the Plaintiff for the policy limit of the other driver, and also settled an underinsurance claim for the Plaintiff for the policy limit.
$14,000 Motor Vehicle Verdict
(Baalouky v. Singh; Somerville District Court, Civil Action No.: 1410CV0570)
Plaintiff operated her motor vehicle through an intersection when she was suddenly struck by the Defendant on her driver’s side. The insurance company disputed liability as Defendant was involved in a funeral procession. At trial, the Plaintiff proved that the Defendant had separated from the funeral procession and did not have any warning or notices identifying the vehicle as part of the procession. Plaintiff suffered neck and back injuries, and a verdict of $14,000 was awarded to the Plaintiff by a jury. No offer was made before or during trial.
DISCLAIMER: The settlements and verdicts listed here represent a sampling of the case results pursued and won by Tetzel Law, LLC. Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case. However, our clients tell us that knowing we have achieved significant results, both by settlement and jury verdict, is one factor that many of them used to decide to hire us.