Client wrongfully accused of
speeding and Drunk Driving is awarded $100,000
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Andrea G., was driving her motorcycle
last July 3rd 2006 when she was run off the road by a vehicle
which took off without leaving its identity. She crashed and suffered
injuries to her hand and arm resulting in a permanent scar.
Her Insurance company issued a surcharge
claiming the accident was Andrea's fault. We appealed and prevailed
at the registry hearing on behalf of Andrea, lifting the surcharge.
The Insurance Company offered her
nothing so we proceeded to try the case. The Insuror made the
following arguements at trial: (1) that there was NO car that
had ever run Andrea's motorcycle off the road (ie Andrea made
up the 'phantom car' story); (2) they produced an independant
witness who claimed that Andrea was "speeding" and (3)
they produced a hospital record blood test which they claimed
showed Andreas had a blood alcohol level equivalent to .12 - well
over the legal limit. They also produced a doctors expert opinion
that stated Andrea was well above the legal limit for intoxication.
Through diligent and dogged preparation
we were able to disprove all of the insurance Companies defenses.
We called the Police officer who responded to the scene to testify.
The Police observed NO smell of alcohol on Andrea's breath. We
were able to undermine the 'independant' witness observation that
Andrea was speeding by noting that the police asked this witness
at the scene how the accident happened and the witness never mentionned
speed as a cause.
The decision was received March 17,
2008 in favor of Andrea for the full policy limits of $100,000.00
and it was the right decision yet a courageous one nonetheless
for the trier of fact to make in view of the multitude of spurious
insurance company defenses. The case was tried by Bernard J. Hamill
and co-counsel Shayna O'Brien.
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Our law firm prides itself in taking
on the most difficult and challenging cases. Call us if you have
been injured by anothers negligence or like Andrea if you have
been WRONGFULLY accused of causing an accident.
Call anytime 617-479-4300