Representative Cases
Since its founding in 1979, the attorneys at GRIFFIN & GOULKA have represented its clients in over 4,000 civil lawsuits in the State and Federal Courts in Massachusetts and other jurisdictions. Those cases have ranged from cases brought in Small Claims Court to multi-district cases involving multiple parties and the most complex issues. What follows is a representative sampling of judgments and settlements for and against our clients.
For Defendants
Fall from pier to deck of fishing boat - Defense Verdict
Representing a fish processing facility in an action brought by a fisherman who fell approximately twenty feet from the facility's pier to the deck of a fishing boat below, after a jury trial in Federal Court, the jury returned a verdict for the defendant fish processing facility. Plaintiff suffered serious injuries including a fractured back. The demand prior to trial was $450,000.00.
Alleged trip over chain at restaurant - Defense Verdict
Representing a restaurant in an action brought by a customer who claimed to have fallen over a chain blocking direct access to the order counter, after a jury trial in Superior Court, the jury returned a verdict for the defendant restaurant. The case had been tried by prior counsel in the District Court which resulted in a finding for the plaintiff for $95,000.00 plus interest. Plaintiff claimed serious injury and disability with medical expenses in excess of $38,000.00. The demand prior to trial was $125,000.00.
Attempt to recover $2,000,000.00 - Defense Finding
Representing a general contractor in an action brought by the building owner to recover a $2,000,000.00 settlement paid on behalf of the building owner to a child injured when she fell over and through a stair railing, after a jury waived trial in Superior Court, the judge entered findings for the defendant contractor and the defendant architect. The demand to the defendant contractor prior to trial was $1,000,000.00.
Wrongful death action against bus company and driver - $58,000 Verdict
Representing a bus company and driver in a wrongful death action brought by the estate of a pedestrian run over by the bus, after a jury trial in Superior Court, the jury found for the estate, assessed damages of $116,000.00 and found the decedent 50% at fault. A judgment entered for $58,000.00 plus interest. Prior to trial the demand was $1,000,000.00 which was reduced to $400,000.00 after trial while the jury was deliberating.
Slip and Fall on Dance Floor - $1,500.00 Verdict
Representing a Hotel in an action brought by a guest who fell while dancing on the hotel's portable dance floor, after a jury trial in Superior Court, the jury found for the plaintiff and assessed damages of $1,500.00. Prior to trial the demand was $65,000.00.
Automobile Accident - $5,000.00 Verdict
Representing the operator of a vehicle which struck a parked vehicle in which the plaintiff was seated, after a jury trial in Superior Court, the jury found for the plaintiff and assessed damages of $5,000.00. Prior to trial a $5,000.00 offer was made in response to the $60,000.00 demand.
Major Hotel Fire - Dismissal
Representing the alleged supplier of flexible foam padding for stacking chairs used by a hotel which allegedly contributed to the spread of a fire which resulted in a large number of deaths, obtained the dismissal of all claims against the supplier by demonstrating that the foam padding used in the chairs was not supplied by our client. Settlements ultimately reached in excess of $200,000,000.00 paid by other defendants.
Attempt to recover $17,000,000.00 paid in settlements on behalf of the Hotel in Major Hotel Fire - Dismissal by Summary Judgment
Representing the general contractor who constructed the hotel, obtained summary judgment dismissing the hotel's action seeking to recover the $17,000,000.00 paid on behalf of the hotel to settle the death and injury claims brought against the hotel and others as a result of a major fire at the hotel. We also represented the same general contractor in the initial action and successfully negotiated a settlement with the plaintiffs on behalf of the contractor.
Wrongful Death Action - Dismissal
Representing a building owner who had hired a roofing contractor, obtained summary judgment dismissing the wrongful death action brought to recover for the death of an employee of the roofing contractor. The employee fell after cables holding scaffolding broke. The employee had survived for approximately 100 days after the fall.
Amputation of Fingers Case - Dismissal
Representing a service company which had serviced a paper cutting machine which lacked a guard, obtained summary judgment dismissing a negligence action brought to recover on behalf of a machine operator who suffered amputation of fingers when his hand was placed in the path of the cutting blades.
Product Manufacturer, Defective Office Chair - Dismissal
Representing a foreign manufacturer of component parts of an office chair which collapsed resulting in serious back injuries, obtained summary judgment dismissing a defective product case on jurisdictional grounds. The case was ultimately tried by the remaining defendants resulting in a jury verdict of approximately $1,000,000.00.
Wrongful Termination, Libel and Slander - Defense Verdict
Representing an employer in an action brought by a terminated employee for wrongful termination, libel and slander, after a jury trial in Superior Court, the jury returned a verdict for the defendant employer. The demand prior to trial was $150,000.00.
Alleged Foreign Object in Hamburger - Defense Verdict
Representing a restaurant in an action brought by a customer who claimed to have broken a tooth when he bit down on a hard foreign object while eating a hamburger, after a jury trial in the District Court, the jury returned a verdict for the defendant restaurant. The demand prior to trial was $65,000.00.
Trip and Fall in Retail Store - Defense Finding
Representing the owner of premises rented to the operator of a retail store in an action brought by a store customer who fell over a merchandise display, after a bench trial in District Court, the judge returned a finding for the defendant owner. The demand prior to trial was $10,000.00.
Wrongful Death - Dismissal
Representing the manufacturer of a garage door in a wrongful death action brought to recover for a death resulting froman attempt to repair the door, obtained summary judgment dismissing the action.
Wrongful Death - Dismissal
Representing a municipal electric company in a wrongful death action brought to recover for the death of a passenger in a vehicle which left the road and collided with a utility pole, obtained summary judgment dismissing the action against the defendant municipal electric company.
Sledding Accident - Dismissal
Representing a golf course in a bodily injury action brought to recover for injuries sustained in a sledding accident which occurred on the golf course, obtained summary judgment dismissing the action against the defendant golf course.
Wrongful Death - Dismissal
Representing a golf course in a wrongful death action brought to recover for the death of a child who fell through thin ice at a pond on the golf course, obtained summary judgment dismissing the action against the golf course.
Fork Lift Accident - Defense Verdict
Representing a lessor of a fork lift in an action by a fork lift operator when the load being carried fell on him, the jury returned a verdict for the defendant lessor. Plaintiff became a paraplegic as a result of the accident. The demand was in excess of $2,000,000.00.
Amputation Injuries While Using Saws - Defense Verdict
Representing a manufacturer of a radial arm saw in an action brought by a professional carpenter in State Court and an action brought by a non-professional carpenter in Federal Court, juries returned defense verdicts for the defendants.
Loading - Unloading Accidents - Defense Verdict
Representing a trucking company in an action brought by a Post Office employee who was struck by a postal cart weighing in excess of a ton, jury returned a verdict in favor of the defendant trucking company, despite a finding of negligence. Plaintiff claimed to have needed hip replacement surgery and to have become permanently disabled, but the jury found there was no causal relationship. The demand during trial was $750,000.00.
For Plaintiffs
Indemnity Claim - Judgment for $4,500,000.00
Representing a social club that was sued as a result of a death which occurred on the club's premises, recovered a judgment for $4,500,000.00 against a club member based on a rule that required the member to indemnify the club.
Wrongful Death - $675,000.00 Settlement
Representing the Estate and heirs of a woman who died in a rooming house fire obtained a $675,000.00 settlement at mediation.
Legal Malpractice - $500,000.00 Settlement
Representing a plaintiff against her attorneys in a legal malpractice action brought as a result of the attorneys' failure to file an action within the applicable statute of limitations, obtained a settlement of $500,000.00 on behalf of a woman who slipped and fell on ice in the parking lot of her place of employment.
Apartment Building Fire - $500,000.00 Settlement
Representing the owner of an apartment building and its insurer against the manufacturer of an aerosol spray insecticide which allegedly caused a serious fire when used as directed in a kitchen near the pilot light of a gas range, recovered a settlement of $500,000.00 during mediation.
Bad Faith Failure to Settle against Primary Insurer - $1,000,000.00 Settlement
Representing a first-layer excess insurer against a primary insurer which failed to settle an underlying claim, recovered a settlement of $1,000,000.00 from the primary insurer during mediation. Our client had paid its coverage limits of $1,000,000.00 to satisfy a portion of the judgment against its insured which resulted from a jury verdict. The second and third-layer excess insurers also recovered settlements against the primary insurer.
Rear-end collision - $300,000.00 Settlement
Representing the operator of a vehicle stopped in traffic on the expressway when struck from behind by a truck, recovered a settlement of $300,000.00. Medical expenses were approximately $40,000.00 for treatment of injuries to cervical discs and soft tissues.
Bad Faith against Auto Insurance Carrier - refusal to pay $400.00 in medical bills - Jury award of $400.00 plus $5,200.00 in attorney's fees
Representing a physician in a claim against an injured person's automobile (PIP) insurance carrier, the carrier refused to pay $400.00 of the physician's bills (which totaled over $3,000.00) based upon an independent medical examination and record review of the injured person requested by the carrier. We contended that the insurer had no basis to deny the payment because both the independent medical examination and the medical record review were conducted by physicians in different specialties than the treating doctor. After losing in Small Claims Court, the insurer appealed and a jury trial was held. The jury ordered the defendant to pay the unpaid medical bills of $400.00 and the Court awarded the plaintiff $5,200.00 in attorney's fees.
Trip and fall - Elderly man with significant pre-existing medical problems and subsequent injury - $400,000.00 settlement
Representing an elderly man (in his late 70s) who suffered partial blindness in one eye as a result of tripping over a discharge pipe traversing a walkway to a ferry. The plaintiff had significant pre-existing medical conditions which included prior vision problems in both eyes and an injury to his leg received during WWII for which he wore a 1" lift in one of his shoes. The case was also complicated by a subsequent fall at home in which the plaintiff re-injured the involved eye. The case was settled for $400,000.00 without filing suit.