PERSONAL INJURY RESULTS:
Motor Vehicle Accident Wrongful Death Settlement Obtained Against Drunk Driver
When a college student was killed in an accident with a drunk driver, The Law Office of Daniel J. Moynihan obtained a $150,000 settlement for her Estate, from multiple insurers, despite limited insurance availability on the part of the primary party
Social Host Liability$135,000 Settlement for Memorial Day Party Injury
A guest in attendance at a backyard party sustained severe burns when an inebriated guest knocked a vat of hot frying-oil onto him. The client’s injuries caused him a permanent loss of function in his burned foot, substantial medical bills, and the loss of his income. The Law Office of Daniel J. Moynihan brought a claim against the party host’s homeowners insurance, obtaining a $135,000 settlement.
MOTOR VEHICLE ACCIDENT/UNDERINSURED MOTORIST Motor Vehicle Accident and Underinsured Motorist Benefit
$225,000 Combined Direct and Underinsured Settlement for Injured Driver
A motorist sustained severe shoulder and neck injuries in a rear-end accident. The maximum available insurance, of $100,000, was obtained from the responsible party. The Law Office of Daniel J. Moynihan then filed a claim for UnderInsured Benefits with the motorist’s own insurance, obtaining an addition $125,000, for a combined settlement for the motorist of $225,000.
CONSTRUCTION SITE INJURY General Liability/Construction Site
$750,000 Settlement Obtained for Work Injury
A municipal employee was caused to fall in accumulated water on the top floor of a school, as a result of the negligently maintained roof, which was being renovated by a general contractor. The employee suffered serious injuries necessitating a spinal fusion surgery, lost wages, and sustained a permanent loss of function. The Law Office of Daniel J. Moynihan filed suit and obtained a $750,000 settlement for the employee
MOTOR VEHICLE ACCIDENT/WRONGFUL DEATH Wrongful Death Settlement Obtained Against Reckless Truck Driver
The Plaintiff, a wife and mother of three children, was employed as a gas station clerk. As Plaintiff was checking the level of the station’s underground tanks, she was struck and killed by a truck, driving through the station at an accelerated rate of speed. The Law Office of Daniel J. Moynihan filed suit against the truck’s owner, and after discovery, obtained a settlement for the Plaintiff’s family in the amount of $250,000.
GENERAL LIABILITY/SPORTING EVENT Office Pursues Claim for Injured Fan
When a local Patriots fan was attacked and injured by rival fans while visiting that rival’s stadium, The Law Office of Daniel Moynihan pursued a claim against that rival team for negligently failing to provide adequate security in the lot outside its stadium, and obtained a settlement prior to trial in the Federal District Court.
General Liability/Home Health Care Negligence Office obtains $180,000 Settlement for Negligent Care of Elderly Woman
An 84 year old woman was under the care of a home health aide, who failed to follow the family’s instructions for the woman’s care and transport. As a result, the elderly woman was caused to fall from a wheelchair in her home, and sustain serious injuries, leading to her death. The Law Office of Daniel J. Moynihan brought suit on behalf of her surviving husband and children, and on the day of closing arguments during the trial, obtained a $180,000 settlement for her surviving heirs.
Medical Malpractice Medical Malpractice Results in $300,000 Settlement
When a client suffered injuries in an unsuccessful bladder surgery, The Law Office of Daniel J. Moynihan filed suit against the negligent surgeon. When the physician denied that he was negligent, Attorney Moynihan obtained another physician’s opinion who argued the surgeon was negligent. In addition, during discovery, Attorney Moynihan investigated the surgeon’s background, finding numerous incidents of unprofessional behavior. As a result of the potential admissibility of the surgeon’s history, the surgeon’s insurer sought to settle before the trial.
Office Successfully Defends Local Business Against Insurer’s Deceptive Practices CONSUMER PROTECTION AWARD
A worker’s compensation insurer filed suit against a Lynnfield, Massachusetts business, defended by The Law Office of Daniel Moynihan, seeking insurance premiums. Our office filed a counterclaim alleging breach of contract and violations of the Massachusetts Consumer Protection statute, as the insurer had failed to properly handle claims or mitigate the damages and costs. After a two week jury trial in Newburyport Superior Court, the jury returned a verdict in our client’s favor and against the insurer, and the judge awarded $158,000 in statutory damages to our client, to be paid by the insurer who brought suit.
Discrimination Allegations Against Local Business Dismissed
When our client, a Stoneham, Massachusetts construction firm, was sued before the Massachusetts Commission Against Discrimination, The Law Office of Daniel J. Moynihan thoroughly investigated the allegations and obtained a dismissal of the allegations in only a matter of weeks.
LANDLORD – TENANT
Office Obtains Successful Verdict for Landlord
Our client, a Reading, Massachusetts landlord and small business owner, was sued by a former tenant for alleged violations related to her tenancy, seeking $75,000 in damages. Following a three day trial, the jury returned a verdict in favor of our client.
CRIMINAL DEFENSE/MOTOR VEHICLE HOMICIDE
Office Obtains Verdict for Motorist
The client, an 18 year old high school senior, was involved in a motor vehicle accident at a dangerous intersection in Dracut, Massachusetts. The other driver, who was operating a motorcycle, was killed in the collision and the client was charged with Motor Vehicle Homicide. The Law Office of Daniel J. Moynihan thoroughly investigated the case and retained an accident reconstruction expert. After a four-day trial in the Lowell district court, the jury returned a verdict in favor of our client.
Court Denies Cruel and Abusive Allegations
Upon their separation, our Woburn, Massachusetts client’s immigrant husband sought for their marriage to be dissolved on the grounds of cruel and abusive treatment in an effort to assist his immigration status. The presiding judge rejected the frivolous allegations of abusive treatment, ruling in our client’s favor and awarding $5,000 in attorneys’ fees, pursuant to a post-judgment motion.
Office Protects Client’s Inheritance
When a Burlington, Massachusetts business owner was left property under a dear friend’s will, The Law Office of Daniel Moynihan defended her against the allegations of a jealous relative to ensure she received her fair share of the deceased’s Estate. After two years of litigation, the case was settled.
LABOR AND EMPLOYMENT
Civil Rights Defense State Troopers Successfully Defended Against Frivolous Abuse Allegations
Three State Troopers were sued for alleged constitutional and civil rights violations in the United States District Court of Massachusetts, after an encounter with an irate motorist. The Law Office of Daniel J. Moynihan defended the Troopers against the driver’s allegations. The case proceeded to a jury trial, and after three days of testimony, a favorable verdict was obtained and the Judge dismissed the remaining allegations. This decision allowed these dedicated Troopers to continue to perform their duties unencumbered by frivolous lawsuits
LABOR AND EMPLOYMENT
State Police Internal Affairs Exonerated Trooper Returned to Work
An off-duty State Trooper intervened when his friends were attacked by a knife-wielding assailant, but became the subject of a criminal complaint as a result of the ensuing fracas. The Law Office of Daniel J. Moynihan defended the Trooper, advocating for the frivolous charges to be dropped, which allowed the Trooper to return to work.