Personal Injury
Real Estate Developer charged with setting-off explosive device cleared
- Denner Pellegrino, LLP attorney Brad Bailey successfully represented a client charged by the United States government with setting off a homemade explosive device at an apartment house in Lovell, MA in 2005. The client is a real estate developer. Under one of the charges in the indictment returned by a federal grand jury, the client faced a mandatory minimum prison sentence of 30 years for possessing a destructive device in furtherance of a violent felony. The Government's case was wholly circumstantial and the developer's trial attorneys successfully demonstrated to the jury that rather than establishing the defendant's guilt, the evidence relied upon the by the government was rife with "reasonable doubt" and, along with evidence uncovered by the defense, actually suggested a number of other suspects had more likely motive to commit the crime than the developer had.
Result: After less that two hours deliberation, the jury acquitted the developer of all charges. Attorney Brad Bailey, a partner at Denner Pellegrino, LLP, was assisted in the case by attorney Gary Pelletier. Also of interest is that this is the third "not guilty" verdict received in federal court by the Denner Pellegrino criminal division lawyers in a period of less than one year.
Jury 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. The four day trial was held in Hampden County Superior Court and resulted in an award including interest of $432,000 from Defendant and $504,000 from a subsequent entity for a total 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 sometime in 1996. Plaintiff had been practicing since 1976. Defendant was offered a partnership position and there was an agreement to split expenses. 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 Active Back as a limited liability company with himself and the Trust as the only agents. Defendant informed the Plaintiff that the remaining income was being invested in an off shore bank in the Bahamas for the benefit of the partners. Defendant used partnership assets further to renovate the second floor of the building for a conference room which he then used to conduct a separate martial arts business without paying rent. He continued to refuse to account to Plaintiff for any partnership income or expense. In March 2003, Plaintiff informed Defendant that he wanted to terminate the partnership. In April 2003, Plaintiff learned that Defendant had secretly been soliciting referring attorneys to send potential clients to new entity's new location, of which Plaintiff had no knowledge. Defendant then took all current client files, as well as 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.
Elderly woman purchases an annuity for life and insurance company stops payments after 5 years
- Our client was a woman in her 70s who purchased an annuity for life and 5-years certain. She thought that she would receive a monthly benefit for life and if she were to die within the first 5 years after purchasing the annuity, her beneficiaries would receive whatever monthly benefits were left during the 5-year period. If she were to die after the first five years of the annuity, her beneficiaries would receive nothing. Our client did live during 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 insurance company was found to be guilty of breach of contract and negligent misrepresentation. Our client was awarded back 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.
$1.275 million verdict for aggravation of injury (one of the highest jury verdicts in the history of Hampden County)
- Our client had suffered neck injuries in an auto accident. A week later he suffered aggravation of these injuries while a passenger in a vehicle due to the reckless driving of the vehicle's operator. Attorney Raipher D. Pellegrino tried this case in Hampden County Superior Court.
Result: Damages were awarded in the amount of $1 million for our client and $275,000 for his wife in her loss of consortium claim, plus interest for a total of $1.5 million.
Springfield Foundry Explosion
- Nine men were injured and three killed in a foundry explosion in Springfield in 1999. Our client lost his life when an explosion in the shell molding department blew out walls and lifted part of the roof. A lawsuit was filed on behalf of the workers against the parent company and the suit was settled after a week of mediation.
Result: $2.44 million was awarded to the estate of a worker represented by Raipher D. Pellegrino
Firm wins large monetary settlement for homeowners
- A group of seven neighbors sued the city of Chicopee based on the City's liability in 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, 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 each day the material or fill was still 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: Before the case reached 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. The settlement triggered a response from the two property owners who had withdrawn from the suit. They then sued the city.
Boston University student shot by police receives damages of $250,000
- In October 2004, a nineteen-year old Boston University undergraduate was sharing in the joyful celebration-turned riot ensuing after a Red Sox victory over arch-enemy 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 from the same type of bullet another Boston University undergraduate was killed, 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, apparently, that the guns were not intended to be used in direct aim at a person's head area - precisely where they hit the students.
The student immediately hired Denner Pellegrino firm and Attorney Robert Sinsheimer negotiated a fair and just settlement.
Result: The City of Boston paid $250,000.00 to the student for damages.
Social Host Liability and Auto Accident Case Settles for Total of $150,000
- Our client was a junior in high school who attended a keg party at the home of another high school student while the student's parents were not at home. An obviously intoxicated underage boy left the party with his girlfriend. With his car screeching and swerving as he was driving away, he hit and injured our client. The parents, the owners of the property, were sued for "social host liability." The defendants filed a motion to dismiss the case. Attorney Pellegrino successfully defeated the defendants' motion to dismiss by arguing that the alcohol was supplied by the defendants because their daughter was charging money for each beer poured, and that cups and utensils from the home were used.
Result: Our client prevailed on the summary judgment and subsequently prevailed in her lawsuit and was awarded substantial monetary damages. After the defendants' motion to dismiss was defeated, the insurance company settled for our client.
HIV and Medical Negligence
- This case was heard before a jury before privacy (HIPPA) laws went into effect. Our male client had contracted the HIV virus, which was recorded in his medical records. These medical records were negligently placed in the wrong patient's file and into another patient's hands. As a result of the error, word of our client's HIV status quickly spread in the community causing him to become embarrassed, depressed and ultimately causing him to withdraw from his daily activities. Before he sought the advice of Attorney Pellegrino, all he wanted was an apology from his doctor's office. He did not receive one; and was essentially told that because he received welfare assistance, his privacy issues were not a concern. Subsequently, in an effort to seek justice, we filed a law suit against the doctor's office for breach of our client's right to privacy. Our client was by this time so consumed by AIDS that he would fall asleep during the trial. The jury, after hearing the case, was in tears.
Result: By the time of trial, our client received monetary damages, and died the day after signing his settlement check over to his daughter.
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.
