Settlements & Verdicts: : Douglas, Leonard & Garvey

Class Actions

Plaintiffs were several consumers who purchased motor vehicles on credit from New Hampshire motor vehicle dealers. At the time of their purchases, the plaintiffs were sold "single premium" credit life and/or credit disability insurance by the dealers, issued by the defendant credit insurance companies. With a "single premium" insurance policy, the full premium for the entire term of the policy is paid up front by the consumer. For instance, if the purchaser had a 48 month motor vehicle loan, the premium for a full 48 months of credit insurance would be paid up front, and typically rolled into the overall loan amount for the vehicle purchase. In the event that the consumer paid off the loan early, the insurance premium for the remaining months on the loan is "unearned" by the insurance company, and both new Hampshire law and the insurance companies' contracts with the consumers require that a refund of any such unearned premiums be made to the consumers when an early loan payoff occurs. All of the plaintiffs and class members had paid off their motor vehicle loans early, but did not receive the unearned insurance premium refunds they were owed. The typical unearned premium owed averaged about $200 per class member. Settlements: Over $4,000,000. Two of five cases against the credit insurer defendants have fully settled. Three cases remain active, with some class members' unearned premiums recovered in the cases against American Specialty Health Insurance Company and Guarantee Trust Life Insurance Company. The case against XL Life Insurance Company has been converted into a multi-state class action, and is currently pending in the U.S. District Court for the District of New Hampshire.

Return To Top

Defamation

Our client was a successful businessman when the New Yorks Times published an article insinuating the man was a career criminal. The New York Times reporter denied that was her intent and the Times apologized.

A Federal Court jury in NH, in June 2000, awarded our client $480,000.00.
Our client applied for a position as Chief of Police. In a public meeting, the Selectmen indirectly discussed and insinuated that our client had problems noted in his personnel file. We brought a suit on behalf of our client for defamation.

The case was settled prior to trial for $30,000.00.

Our client claimed that Defendant managers/owners of convenience stores told third parties within the convenience store industry that Plaintiff, a Jewish vendor to convenience stores, was a thief and had been caught stealing. Plaintiff also claimed that prior to making the statements, one defendant knew of plaintiff's religious beliefs when she asked to "Jew him down" on prices. Plaintiff claimed that the defendants recklessly or intentionally and maliciously made false statements alleging criminal activity by him, knowing the statements to be false when made, due to their anti-Semitic animus.

The case was settled for a confidential amount.

Return To Top

Employment Law

38 town employees filed suit against their employer, Merrimack in June of 2004, for the illegal termination of their defined benefit pension plan. The allegations were that the municipal employees had a vested right to their pension that could not be terminated as a matter of state law. Under federal ERISA pensions may be terminated, however local government plans are not governed by ERISA. After the Town unsuccessfully moved for dismissal, the liability phase of trial was waived and a damages hearing was conducted in May of 2005.

The prevailing employees in the Davala case and the companion case of Spence v. Merrimack case were awarded a total of $259,000.00.

Return To Top

Malicious Prosecution

Our client donated several cars to Harvard Medical School to be auctioned and the proceeds used for scholarships. A doctor bid on three cars but never paid for them. He claimed that they were his cars because the auctioneer mistakenly sent the title papers to the doctor who claimed he owned the cars. The case was tried based upon the bad faith of the purchaser in suing our client for possession of the cars.

The Court in Bennett v. Glickfeld awarded our client $434,000.00 in total damages, including attorney's fees, emotional distress and consequential damages.

Our client, the Plaintiff, Marie Hill, was prosecuted by the Danville Police Department in 2002 for allegedly criminally threatening her neighbor, Denise Luna. In the criminal proceeding, Luna alleged that the Plaintiff pointed a shotgun at her from her deck (over 250 feet away). The Plaintiff had just learned that earlier in the day, Luna had been involved in a confrontation with the Hill's 5 year old daughter, while Luna was armed with a pellet gun. There was a long and sordid background of conflict between the two households, related to complaints avout the Plaintiffs' god running at large. The Plaintiff was acquitted at the close of the State's evidence in her trial, in May of 2003. Notably, the Danville police prosecutor was a close friend of Luna, the complaining witness. Evidence was introduced at trial showing that the prosecutor later helped Luna's husband's political campaign, and assisted the Lunas in a building project on their property. Bothe the prosecutor and the chief of police were seen visiting Luna for social chats while on duty. The prosecutor admitted to making public statements to the effect that "putting Marie Hill in jail was the best solution" to the problems (dog complaints, etc) that she presented for the town.

The jury awarded our client $130,000 plus legal fees

Return To Top

Medical Malpractice

Plaintiff's mother had a cervical cerclage procedure done during her pregnancy to prevent miscarriage. This procedure involves taking a large suture and sewing up the cervix like a purse string to prevent it from opening. At the time the mother went into labor, the cervical cerclage suture needed to be removed, as is customary. The baby was in a footling breech position meaning the feet were down near the birth canal in a backwards position for birth. However, the obstetrician instead of cutting only the cerclage suture actually cut off three of the baby's toes on her left foot and cut the underside of her foot.

The parties reached an agreement to settle prior to suit for a confidential amount including a structured settlement which will pay the child over her lifetime.

Return To Top

Motor Vehicle Accidents

Our client was a passenger on a motorcycle driven by a friend who lost control on a curve, striking a guardrail. Our client suffered a blowout fracture of the right orbit, sinus blockage, and a severed artery and fracture of her right arm.

We obtained a settlement for our client for $465,000.00.
Our client and her husband borrowed a friend's motorcycle with permission. Our client's husband lost control of the motorcycle and struck a guardrail. Our client shattered her right hand and broke her right leg, which required numerous surgeries.

We obtained a settlement for our client for $100,000.00.
Our client, a five-year old was struck by a car when crossing a public way that divided a motel and its facilities in half. Our client suffered blindness and motor and speech impairment on a permanent basis, due to head trauma.

We obtained a settlement for our client for $925,000.00.

Our client, a thiry-five year old mother, was injured when another car failed to make a stop and crashed into her forcing her into oncoming traffic. She suffered a fracture of the right wrist, a fracture of her right kneecap, and a compound fracture of her right ankle.

We obtained a settlement for our client for $300,000.00.

Our client was struck head-on in a collision when the other driver crossed the center line. Our client sustained multiple trauma injuries.

We obtained a settlement for our client totaling $115,000.00.

Our client's vehicle was hit and forced off the road when the other driver cut across traffic. Our client sustained an aggravation of a preexisting cervical and lumbar injury.

We obtained a settlement for our client after filing the lawsuit, but before trial, for $60,000.00.

Our client was struck head-on in a collision when the other driver crossed the center line. Our client sustained a torn left rotator cuff, requiring surgery.

We obtained a settlement for our client for $48,000.00.

Our client's vehicle was hit when the other driver failed to yield at an intersection. Our client sustained neck and back injuries.

We obtained a settlement for our client for $35,000.00.

Our client, a 30-year-old male, was driving home when he was rear-ended by a 16-year-old female who had her license for two days. Our client's face and mouth hit the steering column.

We obtained a settlement for our client for $55,000.00.

Our client, a 28-year-old female, was a passenger in a car rear-ended by a 16-year-old female who had her license for two days. Our client's head hit the windshield.

We obtained a settlement for our client for $136,000.00.

Return To Top

Personal Injury

The plaintiff had an ongoing dispute with their neighbor, who lived across the street from them. The dispute came to a head when the plaintiff had words with the defendant's girlfriend. The defendant came home later in the day, and confronted the unarmed plaintiff with a pistol, firing a shot in his direction (which missed) from the middle of the road, as the plaintiff stood in his yard approximately 80 feet away. The plaintiff's wife witnessed the shooting incident from her porch. The plaintiff and his wife suffered emotional distress and anxiety following the shooting incident. The plaintiff sought counseling and was prescribed anti-anxiety medication.

The parties settled after suit but before trial for $75,000.

Return To Top

Sexual Assault

We represented over 30 adults who were abused by priests in the Diocese of New Hampshire during a time frame ranging from the 1960's into the 1980's. The settlements ranged from $20,000 to $250,000, based upon the duration and severity of the sexual activity against the males, who were minors at the time. All claims were for emotional distress and avoided litigation on the question of the statute of limitations, which was the primary defense of the Diocese. The cases were settled prior to suit and the names of the victims were withheld as part of the terms of the settlement. Counseling expenses were also involved for each of the men and those amounts are over and above the amounts for the emotional distress.

Return To Top

Slip and Fall

Our client, a 42 year old part-time teaching assistant, was walking from her apartment to her car when she slipped and fell on an icy patch in the designated walk-way. Our client had just cautioned her daughter, who was walking with her, that the walkway appeared slippery. Our client suffered a separated shoulder and bruised tailbone, as a direct result of the accident. The shoulder separation apparently caused nerve damage leading to a diagnosis of Reflex Sympathetic Dystrophy, which caused her to suffer ongoing pain, and become dependent on pain medication.

We obtained a settlement for our client for $41,000.00.

The plaintiff rented a house from the defendant. The defendant lived on site in an adjacent house and shared a common driveway with the plaintiff. There was an oral agreement that the defendant would keep the driveway clear of ice and snow. The agreement was followed by the defendant until her snow-removal contractor had equipment problems. Ice was allowed to build up under snow over a period of one to two weeks. The plaintiff was walking to the end of the driveway and fell face forward. She put out her arm to catch herself, causing a fracture of her left humerus at the shoulder, and muscle damage.

The parties settled prior to suit for $100,000.

Return To Top

Wage Claim

Our client was a former Town Chief of Police who had an argument with the Town regarding accumulation of compensatory time and sick leave. The Town attempted to renege on the agreement and we brough a wage claim on our client's behalf before the NH Dept. of Labor.

After a hearing, the Department of Labor awarded our client in excess of $129,000.00.

Our client, a former executive of a company, had an employment contract. The employer refused to pay his vacation pay and bonuses. We brought a wage claim before the New Hampshire Department of Labor.

After a hearing, our client was awarded $300,000.00.

Return To Top

Workplace Accidents

The plaintiff was a 66 year old truck driver from rural New Hampshire who was backing up a truck load of hay to be dumped into an agricultural grinding and bagging machine. The hay got hung up between the truck and the machine's beater bars. The beater bars were then shut off. The plaintiff was handed a metal bar by the operator to assist in unclogging the machine. The operator bumped the lever that restarts the machine as he handed the bar to the plaintiff. The grinding machine thus became engaged while the plaintiff was in the bucket. He was partially eviscerated with massive trauma due to the grinding beater blades against his abdomen. He was rushed to a local hospital where he remained for approximately a month. He has lack of full mobility as a result of the evisceration and has a 50 percent loss of vision due to the massive blood loss which occurred.

The case was settled for $375,000 plus the forgiveness of a workers' comp lien of $192,500.

Return To Top

Wrongful Termination

Our client worked as the Town Adminstrative Assistant, and was fired at a public town meeting with no reason given for the dismissal. The Selectmen failed to dispel false rumors that insinuated the reason for the firing was related to missing town funds. We brought suit on behalf of our client for wrongful discharge.

We obtained a verdict, at trial, in the amount of $262,832.00.

Our client reported safety violations to the Fire Marshal, and subsequently became the object of harassment and abusive behavior. Our client ultimately was forced to leave work with an emotional stress related injury. We brought suit on behalf of our client, for Constructive Discharge of Employment.

We obtained a verdict, at trial, in the amount of $100,000.00.

Plaintiff was a 41 year old married woman and mother who lived in Weare. She had been a newspaper reporter and photographer before she was hired by the Weare Police Department. Then Chief Rigney hired her in June 2003 to do media relations, investigative photography, matron and clerical tasks. Chief Rigney's comments of a sexual nature began within two months of her employment at the Weare Police Department. Early on Chief Rigney made comments comparing the size of her breasts to those of his secretary, who was smaller in chest size. Chief Rigney often made comments about breast sizes in front of officers. On numerous occasions Chief Rigney would also tell Plaintiff to shut her mouth, stay home and "service" her husband. Chief Rigney routinely made salacious, crude, sexist or disparaging remarks about women under arrest or in protective custody at the Weare Police Station. Sometimes he would refer to their breasts with hand gestures and pinch his nose to insinuate that a woman smelled.

Settlement after mediation was $75,000.

Return To Top

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.