Groton Injury Attorney
A Note on the Purpose of our Civil Justice System
The purpose of our civil justice system is to do justice. That means that those who cause injuries, harms, and losses should pay the cost for those injuries, harms, and losses. In common sense terms, our civil justice system requires people and corporations to take responsibility for their actions, and the harm that they cause to others.
Can you imagine a world in which no one was responsible for their actions? It would be chaos. It would be unjust. All good parents teach their children certain values such as “clean up after yourself,” “treat other people like you would like to be treated,” “respect others,” “be careful,” and “take responsibility for your actions.”
Why is it important for people and corporations to take responsibility for their actions? Because if they don’t take responsibility, then society bears the cost for their irresponsible conduct. For example, if someone is injured through the carelessness of someone else, and the careless person is not held responsible, then who is forced to bear the cost for those injuries? Everyone else, or course! You and me! If the injured person can’t work, then Social Security bears the cost. If the person who is injured has large medical bills then their health insurance will bear the cost. If they don’t have health insurance then the bills probably won’t get paid, and the doctors will bear the cost. Those costs should be paid for by the careless person or corporation who caused the loss. If the carless person is not held responsible, then everyone else will end up paying the price for their carelessness.
The role of insurance in the civil justice system is to allow negligent parties to pay for and take responsibility for their conduct. Although lawyers are not allowed to discuss insurance in a court case most people in our modern society understand that insurance is involved in just about every civil case. In fact, unless there is adequate insurance available to pay the judgment most lawyers will not even bring the case to court. Liability insurance is the type of insurance that is pays for liability incurred by the insured defendant. Under most policies the insurance pays for the defendant to have a lawyer, and the judgment amount. Liability insurance is purchased by individuals and businesses year after year. They pay for their insurance through their insurance “premiums.” Most insurance companies are “for profit” companies, and their financials are generally freely available by looking on the internet. If you look closely you will see the million dollars each year that is paid to insurance executives, and the multi-millions in profits made each year by the industry. Liability insurance is an integral part of our civil justice system because it allows defendants to insure that they will be able to pay judgments against them, (even large ones), and still remain in business.
Plaintiff’s pay back those who paid their medical bills. Subrogation rules require that plaintiff’s reimburse or pay back their health insurance companies monies that were paid by the health insurance companies for medical bills incurred as a result of the case. That means that if a plaintiff has $100,000 in medical bills and is compensated $150,000 by a jury verdict, then the plaintiff will be required to pay back his health insurance company the full $100,000 for the medical bills, and will keep only $50,000 in his or her pocket. In that sense, when a plaintiff seeks compensation from a defendant, the plaintiff and our civil justice system are attempting to keep all of our health insurance rates down by forcing the negligent person or corporation to pay for the harm that they caused. Otherwise our health insurance companies would end up paying for the wrongdoer’s conduct. The same rule applies to worker’s compensation benefits received including medical bills, and wage loss benefits. The rule also applies to bills paid by Medicare, the federal government, and to Veterans Administration medical benefits. That way, the cost for these harms falls on the negligent party instead of the health insurance system or the worker’s compensation system.
The goal is to compensate and prevent the harm from occurring again. Many times, civil justice cases lead to industry reforms that make products safer. Everyone agrees that cars are safer than they were 30 years ago. That is not because of government—that is because of courageous people who were willing to stand up for safety and justice in courts. We have personally been involved in litigation that has made products safer.
We are proud of our work on behalf of our very courageous clients who stand up for civil justice. At our office we are proud of our work on behalf in injured people. Our civil justice system benefits society by making products safer through civil litigation. Some of our cases below have forced corporations to take responsibility for unsafe products, and to improve their products. Additionally, our civil justice system benefits society by passing the cost of disabilities from society onto those who actually cause the disabilities. Below you will find cases brought on behalf of some seriously injured disabled individuals who are now able to live with dignity by staying off of our welfare system. Additionally, our civil justice system benefits society by holding people responsible for their actions. We have all seen how some people drive aggressively, or act carelessly.
You and I should not be forced to bear the cost for their carelessness.
Notable Cases
Our attorneys have handled many cases over the years. Here are some notable or interesting achievements.
TIRES
Tire class actions. We were Connecticut counsel for the Cooper Tire national class action in which Cooper Tire was held accountable for its practice of puncturing its tires with awls to eliminate small air bubbles that are created during the manufacturing process.
Tire mismatch. Tires will sometimes fit, and appear to properly seat on the wrong rims creating a lethal hazard when the tire is inflated. We have successfully handled very complex tire mismatch cases against major world wide tire makers.
LUNG INJURIES CAUSED FROM MOLD AND CONSTRUCTION DUST
We have successfully brought claims for lung injuries caused from mold, and represent people with very serious lung injuries caused by dust from a large construction project.
CLOTHING
Child clothing fire protection. We have sued pajama makers for making children's pajamas out of flammable materials when non-flammable materials were readily available.
AUTO CRASHWORTHINESS
We have sued major United States automobile makers for making defective seat-backs resulting in death of the passenger when the seat back failed to remain upright leading to ejectment in a rear end.
EMPLOYMENT CASES
Discrimination. We are presently handling a case of race and age discrimination against a large bus company.
Failure to pay wages. We handled a class action for failure to pay overtime wages under the Fair Labor Standards Act against a very large employer.
Sexual harassment: We have successfully brought sexual harassment cases against very large organizations including multi-national fast food chains, government agencies, and retail sellers.
Case: Scrivano v. Potter, United States District Court for the District of Connecticut
A settlement was reached in a sexual harassment retaliation case. The terms include reinstatement to a similar position as a postal worker in the location where the plaintiff now lives, and a $75,000 monetary payment to the plaintiff. The case was litigation, and went to mediation. It was settled after the mediation, but before trial.
Medical leave: We have brought claims under various medical leave laws including the Family Medical Act against private employers, and the government. We are presently litigating the unsettled question of whether the Family Medical Leave act's self care clause is a valid exercise of Congressional power under the Commerce Clause and Section 5 of the Fourteenth Amendment as applied to state governments. We have brought medical leave claims against major employers including Info USA, Inc., Yardney Technical Product, Inc., The Greenwich Hospital, and Connecticut Department of Corrections.
Case: Lee v. OneSource, Inc., United States District Court for the District of Connecticut
Plaintiff was a traveling sales person. He suffered a low back injury at work. He informed his boss of the injury, and the fact that he needed to take time of due to the injury. He was fired about one month after the injury, and one day after he told his boss that he could not attend a meeting the following week. He sued in federal court in Hartford, Connecticut, claiming that he was not told of his rights under the Family and Medical Leave Act, was denied his rights under the Family and Medical Leave Act, was retaliated against for making a claim under the Family and Medical Leave Act, and worker’s compensation. He also claimed an implied contract. A jury found for the plaintiff employee and awarded $399,000 in back pay for violation of the Family and Medical Leave Act, retaliation, and breach of an implied contract.
Case: Pemberton v. Lantz Commissioner of the Department of Corrections, United States District Court for the District of Connecticut. Plaintiff was a prison guard for the state of Connecticut for 17 years. She suffered from chronic low back pain. She awoke one morning in great pain. She was not able able to get out of bed. She called in sick due to her back pain. Her back injury qualified her for medical leave rights under the Family and Medical Leave Act (FMLA). She unfortunately did not specifically invoke the protections of the Family and Medical Leave Act. She had no sick time on the books. She was fired because she missed work, and had no sick time accruals. We claimed that she could not be fired for missing work on that particular day because it qualified as medical leave, and her statements were adequate to invoke the protections of the FMLA. The plaintiff was a single mother with a family member that was very ill, and she had only a few years to go before she was eligible for a retirement from the state. The case was hotly contested by the government. The case settled. Happily, the plaintiff got her job back and was able to resume the job that she loves. She is able to work with dignity and will soon be able to retire with full benefits.
Employment contracts: We have litigated with hospitals, software consulting companies, and other private employers on behalf of large salary plaintiff's on contract claims.
First Amendment Free Speech: We have sought justice on behalf of a client to was fired in retaliation for exercising her free speech right.
MEDICAL MALPRACTICE
We have brought malpractice claims against hospitals, doctors, and nursing homes for violations in the standard of care causing serious injury and death to our clients.
Case: Blanchette v. Barret, M.D.
We represented a client whose doctor failed to perform a biopsy of a small lump in her breast telling her it was a cyst. As a result, her breast lump was not treated but continued to grow causing the cancer to spread and eventually cause her death. This case was tried before a jury with a verdict of two million dollars.
Case: Arsenault v. Robert Kerrigan
We represented a client whose doctor failed to perform a rectal exam after client complained of rectal pain. She sought a second opinion, a mass was found, and she was diagnosed with rectal cancer which had spread. Had her doctor performed a routine rectal exam, the mass would have been discovered earlier with the likelihood of no metastases and no need for a colostomy. The amount of our client’s recovery is subject to confidentiality orders.
Case: MacLeod v. Bourguignon, M.D.
We represented a client who had surgery for vein ligation. Her doctor cut the wrong vein by ligated a major vein in error. She has been left with severe harm and pain to the leg. This case settled in the midst of the trial.
Case: Febrykiewicz v. Mayeda
We represented a client whose doctor failed to see her or treat her for several days for a fever which developed after surgery even though he was contacted by the client and her husband on many occasions. She was taken by ambulance to the emergency room, was admitted and after some days died from the infection which had caused the fever to develop. This case settled prior to trial.
Case: Burke v. Weingast, et al
We represented a client who underwent a breast biopsy at which time the biopsy needle broke off and was left in her breast. She had to undergo surgery to have the needle removed. This case settled prior to trial.
Case: Abbott v. Paonessa
We represented a client who underwent a neck fusion. Shortly after the surgery, the client developed difficulty breathing. Attempts were made to intubate the patient unsuccessfully when a simple surgical procedure to allow the blood to flow from the neck would have solved the problem. The client died. This case was tried before a jury and settled successfully in the middle of the trial.
Case: Briscoe v. Vail
This was a dental malpractice case in which the dentist in attempting to extract a tooth continued to pull the tooth removing the sinus bed along with the tooth. Several attempts to patch this hole were unsuccessful. The client retained a permanent hole in this area causing significant prurient material to flow from this site. This case was settled prior to trial.
Case: Prezkop v. William Backus Hospital and Gail Weingast, M.D.
This was a medical malpractice case which involved a radiologist’s misdiagnosis of a spinal tumor which appeared on an MRI. The misdiagnosis caused a delay in treatment of approximately one and one-half years during which time our client suffered significant pain and disability as the tumor kept growing so that her medical condition was life-threatening when she was finally diagnosed correctly. She was required to undergo a very long and serious operation. The amount our client recovered is subject to confidentiality orders.
INSURANCE BAD FAITH
Failure to defend a claim: We have successfully sued a major United States insurer for bad faith when they failed to pay or defend a very large claim brought against its insured by our client.
AUTOMOBILE NEGLIGENCE
We have represented innumerable automobile, motorcycle, truck, and bicycle accidents including pedestrians struck by vehicles. Several have involved fatal injuries, paralysis, comas, traumatic brain injuries, multiple broken bones, large lacerations and stitches, internal injuries, soft tissue injuries including neck, shoulder and back injuries, permanent scarring and post traumatic stress disorders. We have been successful in obtaining favorable verdicts and settlements through our diligence, engaging outstanding experts, and our legal knowledge and expertise.
Case: Wickman v. Enterprise Rent-A-Car and Young Kim
Our client was operating a small truck on I-95 in the Town of Branford when he was struck by a person driving a rental car. Our client suffered life threatening injuries and was hospitalized for two months at Yale New Haven Hospital with a traumatic brain injury and multiple other injuries and infections. He underwent rehabilitation at Gaylord Hospital and has not been able to work since the accident. This case was brought against the other driver and the rental care agency. It settled for 2.5 million dollars.
Case: Melly v. Melly
This was a single car crash resulting in the death of one of the two persons in the vehicle. We represented the estate of the decease person and needed to prove who was driving the vehicle. We were able to obtain several experts including engineers, reconstruction experts, and doctors who reconstructed the accident and the injuries suffered to determine the identity of the driver and were able to obtain a jury verdict in favor of the administrator of the estate of the deceased passenger.
Case: Bergamo v. Williams and Encompass Insurance Co.
This was a very serious automobile accident in which our client was struck by a drunk driver. Our client was near death when he was life-starred to Hartford Hospital. He was on a put on a ventilator, was in a coma and was also treated for spinal cord injuries, underwent a neck fusion and was eventually transported for rehabilitation to Gaylord Hospital. He has permanent physical and mental injuries. This case involved a lawsuit against the other driver and our client’s automobile insurance company for underinsured motorist coverage.
Case: Woerner v. Hartford Courant
This case involved a young man in the Navy who was struck while walking on Route 12 by a driver delivering newspapers for the Hartford Courant. He suffered severe head injuries and has been a permanent resident in nursing home since the accident. This case was settled prior to trial.
Case: Willax, Administratrix v. Rose
This fatal accident occurred between the operator of a motorcycle and the driver of an automobile on Route 32 in Waterford, CT. The operator of the automobile exited a parking lot through the “entrance only” onto Route 32 thereby colliding with our client’s husband who was operating his motorcycle. This case was settled prior to trial with a settlement amount for our client and a structured settlement created for the benefit of our client’s children.
Case: Tolley v. Shannon
Our client was operating his motorcycle on I-95 in East Lyme when he was struck by another motorcyclist who lost control of his motorcycle. Our client suffered a severe shoulder injury which required surgery and physical therapy, and he has been unable to perform all of the activities he was able to perform prior to the accident. This case settled for the policy limits of the person at fault’s insurance coverage.
PRODUCT LIABILITY CASES
Case: Nuttall v. Sears and Icon Health and Fitness
Our client was trying out a treadmill at Sears in Waterford, CT. The treadmill jerked forward unexpectedly, throwing our client off the treadmill. There was a defect in the treadmill. As a result, our client had surgery on her foot and now has permanent nerve damage to the foot. This case settled prior to trial.
Case: Estate of James Bryant v. Sanyo Electric, Inc.
James Bryant was a young man who died as he slept due to a fire caused by a faulty kerosene heater. We sued the manufacturer of the kerosene heater and were able to prove that the defects in the heater caused the fire. We settled this case prior to trial.
Case: Estate of Holly Cohen v. General Motors Corp.
This was an automobile accident which caused the death of Holly Cohen due to defective seats. When the car in which she was a passenger was rearended her seat came dislodged and ejected her through the back of the vehicle. This case was settled prior to trial.
Case: Estate of Danny Freitas v. Michelin Tire
A young man while working at an automobile garage was killed when the tire he was inflating on a rim exploded striking him in the head. The tire seemed to fit the rim but there was no way of telling that there was a mismatch between the tire and the rim. The tire manufacturer was held liable for producing a tire that could be used with the incorrect rim causing such explosions to occur.
Case: Laurie Ames v. Sears
This is a case of a riding lawnmower that failed to have an automatic stop switch. Our client was mowing the lawn when she came to a slight hill in the yard. The lawnmower struck the hill and flipped over on top of our client. For a very slight, the manufacturer should have included an automatic stop switch when the mower could not continue due to some barrier. This would have prevented this accident. Our client suffered a severely mangled arm and significant permanent scarring due to the mover blades running over her arm. This case was settled prior to trial.
Case: Trinka v. Sears
This is a burn case involving a little boy. His mother took him to the restroom at Sears and when she held him to dry his hands under the hand dryer, the heat coming from the hand dryer was so extremely hot that it badly burned the little boy’s arm. This dryer was defective in that the heat from the dryer was excessively hot so as to burn the child. This case was settled prior to trial.
Case: Miller v. S.G. Marino Crane Service Corporation
Our client was using a pulley/reel which malfunctioned when he attempted to use the hose. It snapped back and spun our client around suddenly causing our client to sustain serious injuries to his back which required spinal surgery and permanent damage.
PREMISES LIABILITY
Case: O’Connor v. Winding Hollow Owners’ Association, et al
Our client lived in a condominium complex. The walkway to her unit included an area of sidewalk where there was poor drainage and water collected. In the cold weather this area froze, and our client slipped and fell down on the snow covered ice on the sidewalk which had not been shoveled or sanded causing her to sustain severe fractures of her wrist and elbow. This case settled prior to trial.
Case: Rose Morgan v. KRT Properties, Inc.
This accident occurred in the parking lot of the shopping area on Route 12 where Super Stop and Shop, Kohl’s and Fashion Bug are located. Our client, who is elderly and has a handicap sticker was parked in a handicap parking spot. When she exited her car she was caused to fall due to a raised portion of the parking lot which meets the sidewalk. This was a very hazardous area because of the uneven surfaces and the fact that it was difficult to see. Our client fell on her side permanently injuring her arm and leg and she required open surgery for her arm fracture. This case was settled prior to trial.
Case: Thoma v. Albermarle Griswold Ltd. Partnership
This is another case involving a fall on ice in the parking lot of Ames Department Store in Griswold. Our client was intending to shop at Ames. When she exited her car she could not avoid the ice on the parking lot which had not been salted or sanded and fell down fracturing her right wrist. She made her living baking and decorating wedding and special occasion cakes and was unable to perform her occupation for a long period of time and, therefore, lost a significant amount of lost income. This case was settled prior to trial.
DOG BITE CASES
Case: Patel v. Espinal
Our client was taking a walk with her husband and daughter when a dog bolted across the street and attacked her biting her arm and hand. She suffered permanent nerve damage, pain and numbness and had difficulty using her hand and fingers on her job as a cashier. The Espinals’ homeowners’ insurance company settled with our client on the eve of trial.
Case: Marcoux v. Costello
This mailman, our client, was delivering mail and he had done for several years when a dog attacked him and bit him in the left ankle and thigh. His ankle required stitches and became infected. He developed permanent nerve damage and suffered severe and continuing daily pain which caused him to lose time from work and he was unable to carry on many of his activities. This case settled prior to trial.
Case: Coen v. Kopplin
A young girl was selling Girl Scout cookies when a dog suddenly attacked her and caused her to suffer three puncture wounds on the side of her face which became infected, required antibiotic therapy and left permanent scars. This case settled prior to trial.
MISCELLANEOUS NEGLIGENCE AND CIVIL LITIGATION CASES
Case: DiMaggio v. Wal-Mart
Our client was shopping in an aisle in Wal-Mart when several boxes of lamps which were up high on the shelf suddenly came down without warning crashing onto her hand and thumb. A Wal-Mart employee was working on the shelving on the other side of the shelving causing the boxes to fall. She suffered severe pain and permanent injury to her thumb and hand. This case settled prior to trial.
BUSINESS LITIGATION
Business fraud: We have sued businesses and individuals for forgery and fraud involving court documents. We were able to successfully prove the forgery occurred by tracking down witnesses in various parts of the country, and presenting expert testimony. The case involved complex issues of the law including the law of remedies.
Lost profits: We have successfully brought claims for lost profits in contract actions.
Government contracts: We have successfully sued the U.S. Navy for in a large scale electrical construction breach of contract claim. The case resulted in a very large recovery for our client.
Breach of contract: We have represented multi-national million dollar corporations doing business in Connecticut for breach of contract claims involving large sales contracts.
The Bartinik Law Firm, P.C.
100 Fort Hill Road
Groton, Connecticut 06340
email: pjb@grotonlaw.com
860 445 8521
860 445 5873 fax
