Massachusetts Lawyers Weekly Publishes Settlement
The following article regarding our office was published in Massachusetts Lawyers Weekly on June 1, 2009.
Mother of Four Killed, Truck Driver Pleads Guilty
October 13, 2006, defendant driver was driving a dump truck weighing 68,000 pounds. The truck was traveling east exiting the rotary, in Concord, Massachusetts. After the Route 2 light turned red and the traffic slowed, he swerved from the right lane to the middle lane at a high rate of speed and ran through the red light.
Cars traveling north and south traveled through the green light. The plaintiff’s decedent, a 52 year old woman who had lived in Concord most of her life, was the second vehicle traveling north through the green light when the dump truck struck her driver’s door.
There was no evidence of any conscious pain and suffering.
After extensive discovery, it was determined that the defendant driver had an extensive driving history for speeding, marked lanes, and red light violations. In this case, he was convicted of speeding, marked lanes, red light violation and wrongful death and was sentenced to 18 months in the Middlesex House of Corrections. The plaintiff was prepared to prove that the owner of the truck and the employer of the driver [Lawn Barber, Inc.] were negligent in hiring and retaining the defendant.
The plaintiff was the husband of the decedent. Following his deposition the insurance carrier offered full insurance policy….
The plaintiff filed a motion for financial discovery, based on the wrongful death statute, Massachusetts General Laws, Chapter, Section 2 which allows for punitive damages to be assessed against an employer for gross negligence, malicious, willful, wanton, or reckless conduct of its employees, agents or servants in the scope of their employment. After allowance of that motion, and discovery of the defendant’s bank accounts and admissions regarding property ownership, the defendants offer personal monies to complete the [$1,000,000 plus] settlement.