$1.2 Million Settlement Obtained By Mike Bottaro For Injured Worker In Truck Accident
September 16th, 2021
Have you ever experienced a life-changing event in a flash of a moment? For my client, who also became my friend, one moment of carelessness by a co-worker has forever changed his life.
Our client was a middle-aged former college basketball star, believer, and father. He had found work through a temporary agency working as a “shaker” for a large garbage truck company. The pay was very good with steady work; by all accounts, he was dependable and well-liked by his co-workers.
Massachusetts Truck Accident With Open, Complex Leg Fractures
The garbage truck company used temp workers as passengers on the trucks to empty the cans, while hiring full-time drivers as employees. The
drivers were supposed to be well trained on safety measures, including backing up procedures and maintain a good driving record.
On one day, the driver picked up our client and they began their shift in a busy neighborhood that often required the driver to stop and reverse (back up) the truck in order to maneuver through the narrow streets.
On this day, the two talked about needing to do a back up procedure. Our client hopped out of the truck as usual. But rather than follow the procedure and wait for our client to get to the rear of the truck, inexplicably the driver backed up the multi-ton truck right away. In doing so, he carelessly ran over our client’s lower leg with the huge commercial wheel.
Ambulance rushed our client to the nearest trauma hospital where he was inpatient with emergency surgery. The surgeon was able to save his leg, but the injuries were severe. It turned out that our client had suffered catastrophic complex fractures that required hardware placement.
Unfortunately, the recovery has been slow and painful, really continuing to this day. Our client, an avid basketball player, father, and hard worker, will likely never dunk a basketball again, work laborious jobs, or be able to easily do some activities with his children.
Our client was an encouraging inspiration to me during the case. I will always remember the manner in which he faced his injuries and uncertain future with no pain medication and a heart for God. We would sometimes trade encouraging voice messages or emails citing scripture and positivity.
The Bottaro Law Difference: Litigating Complex Personal Injury Cases To Achieve Maximum Settlements
Our client and his family acted smart by calling me right away after the personal injury. I knew right away that he needed help and made the case a top priority, placing immense resources on the case right away.
Within about a week, I filed a multi-count lawsuit. Soon, I was issuing subpoenas and requests for documents that would prove pivotal in winning the case.
As our team investigated, we learned from the evidence that the truck company’s own safety video taught the proper procedure for backing up, but that procedure was not followed; and that the driver had little training and had actually been in several other truck accidents before this one. In deposition, he emotionally essentially accepted responsibility for his mistake. As the case went on, no expense was spared, as we hired multiple expert witnesses to testify concerning all aspects of the case.
For example, our experts provided reports on the extent of our client’s permanent personal injury and lost earnings.
Although we were building a strong case, the defense mounted several legal challenges, that, if they prevailed would have completely shut out our client form any recovery despite the strong evidence on negligence and damages.
The legal challenges presented the daunting task of legal research, brief writing, and oral argument. Following oral argument, it was truly exhilarating to read the judge’s decision denying defendants’ motion for summary judgment, meaning the case would continue to trial!
$1.2 Million Settlement – Closure For Our Client!
As the pandemic raged on, the court postponed our trial date. The parties continued to prepare for trial amidst legal manuevring. We attended a full day mediation with a retired judge that did not resolve the case. But that mediation was helpful in narrowing the issues, and soon thereafter, the parties agreed upon a settlement that would bring closure to our client and help provide some certain financial security for him and his family.
Today, our grateful client, has been able to move on. He sent me this photo of him and his family. It has been a true honor to help this young man, who I also now consider a friend.
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At the Bottaro Law Firm, we handle all types of personal injury cases every day including trucking accidents. Honesty. Integrity. Results. Our experienced legal team is here to fight for your rights. Contact us in any method you prefer 24/7 for a fast, free, and confidential consultation about your case. Text or call: 401-777-7777 or fill out our free and confidential online form.