Case Histories

Automobile Accident Case

Joe McGillis* came to Russman Law Offices following an automobile collision. The incident occurred while he was driving home from work in his 2005 Toyota Corolla, southbound on Interstate 95. It was a clear day, the roads were dry and traffic was flowing at 60 miles per hour.

As Mr. McGillis drove safely in the left passing lane, another driver in a 2006 Ford Excursion abruptly struck his vehicle from behind. The impact spun his car out of control into the grassy median, causing it to flip on its side, rolling several times before coming to stop. Mr. McGillis was unable to move, and waited for the paramedics’ arrival to remove him from his overturned vehicle.

This collision totaled Mr. McGillis’ car and he suffered numerous injuries, including several broken ribs, a broken collarbone and lacerations to his face and arms. Mr. McGillis’ recovery process involved four months of rehabilitation. The injuries he sustained prohibited him from performing his work duties as a technician. This forced absence permitted Mr. McGillis to return to work under the Family Medical Leave Act, but his wages were lost for the entire duration of his four-month rehabilitation.

Case Outcome: Russman Law Offices was able to settle out of court, but only after a lawsuit was filed against the negligent driver who struck Mr. McGillis from behind. The settlement was substantial, covering Mr. McGillis’ vehicle loss, medical bills, loss of wages, and more.

Slip And Fall Case

Suzanna Cartwright was shopping with her husband at their local grocery store last winter. As they exited, Mrs. Cartwright slipped and fell on an untreated surface. The cold, moist winter temperature made this untreated surface worse--a very dangerous hazard that should have been taken care of by the property owners.

Unfortunately, Mrs. Cartwright sustained serious injuries. The fall not only twisted her ankle, but Mrs. Cartwright’s wrist snapped as she tried to brace for the impact of the fall. Emergency personnel arrived immediately to assess the situation and provide her with medical treatment on the way to the hospital.

As an executive administrative assistant, Mrs. Cartwright’s productivity was initially negligible during the course of her rehabilitation. Fearful of losing her position, she continued to use her wrist, slowing the recovery process. The undue stress and pain caused by her injury resulted in a second and third surgery to reset the bone. Following these surgeries, under doctor’s orders, Mrs. Cartwright was forced on medical leave for two months without salary.

Outcome: With numerous medical bills mounting and foregone income, Mrs. Cartwright and her husband hired Attorney Russman. At the threat of litigation, the defendant subsequently settled before trial, but not before the lawsuit was filed for negligence. The settlement compensated for all medical expenses, lost wages and undue hardship.

Dog Bite Case

In August 2007, Robert Bradley was visiting a long-time friend. The two men were relaxing with a beer on the back porch. His friend’s pet Doberman pinscher sat a few yards away in the grass, lazily keeping an eye on them. As Mr. Bradley stood up to go inside, his friend’s Doberman pinscher unexpectedly became alert and jumped at Mr. Bradley.

The dog’s speed and strength pushed Mr. Bradley back into the lounge chair. The dog proceeded to bite and claw Mr. Bradley’s upper body and face as Mr. Bradley yelled for help, struggling to remove the dog he was pinned beneath. Finally, the dog was removed and restrained.

Relatives of Mr. Bradley’s friend immediately called for emergency assistance, and the paramedic crew arrived within six minutes. The team placed Mr. Bradley in the ambulance where they began sterilizing and bandaging the wounds, which were bleeding excessively. Mr. Bradley was sedated and given medication for the extreme pain and trauma.

Once Mr. Bradley arrived at the hospital, two reconstructive surgeries were required to repair his torn muscles, his nose and right side of his face, including his cheek and ear. The reconstruction and rehabilitation process kept Mr. Bradley away from work for twelve weeks without salary.

Today, Mr. Bradley’s is left with large scars and deformation on the right side of his face; his hearing has also been permanently damaged.

Outcome: The defendant settled prior to our filing of the lawsuit. The substantial settlement was much more than enough to pay for Robert’s surgeries and other damages caused from lost wages.

Automobile Accident Case

Paul Smith was a front-seat passenger in a 1999 Nissan driven by a friend. The car unexpectedly hit a patch of ice and the driver lost control of the vehicle. It skidded into the breakdown lane, rolled over, and finally came to rest upside down. The car windows shattered, sending shards of glass flying everywhere inside the vehicle. Mr. Smith was briefly trapped inside, then managed to crawl across the front seat where he was helped out of the driver’s-side window by passersby.

Mr. Smith was in extreme pain around his neck and shoulder areas, with blood streaming from his ear. He was taken by ambulance to a nearby hospital where he was found to have “... an acute fracture of the right distal clavicle diaphysis” from which he suffered for months, along with chest and rib pain.

Mr. Smith also suffered the loss of the top third of his right ear, which ultimately required a string of reconstructive surgeries over the next two years, with less-than-perfect results. This was particularly embarrassing for Mr. Smith. It is quite unsightly, and he has had to change his hairstyle, growing his hair longer to cover the area. Making matters worse, the damaged part of his ear remains quite sensitive to the cold New Hampshire weather.

Case Outcome: Attorney Russman convinced the insurance company that liability was with their insured driver, who was proceeding too fast for the road conditions and, thus, lost control of her vehicle. While medical bills amounted to approximately $15,000, Attorney Russman fought for and won a settlement for a substantial amount to compensate for pain and suffering as well.

Motorcycle Accident Case

On September 3, 2004, at approximately 4:07 p.m., Laura Tinsdale was driving her 2001 Harley Davidson motorcycle through an intersection where she had right of way. The driver of a 2001 Volkswagen, who had been stopped at the stop sign, unexpectedy drove into the intersection. The VW cut off the motorcycle, causing it to crash into the car. Ms. Tinsdale and her motorcycle were knocked over.

Ms. Tinsdale suffered severe injuries to her right leg and head. When EMS personnel arrived, they found her sitting by the side of the road with blood on her face and road rashes on her right knee and left hand. Her right ankle appeared to be deformed and twisted; she was later found to have sustained a fractured tibia and fibula. She was in extreme pain, rating it at 10 out of 10.

Ms. Tinsdale also had numbness in her right foot, difficulty in moving her toes, and skin lacerations. Her right ankle had deformities consistent with an ankle fracture, severe tenderness and swelling and a deep laceration; her right foot was pale with no pulse. Two small pieces of bone fragment were found at the scene and placed in a plastic bag.

After arriving at the hospital, Ms. Tinsdale was found to have sustained an “angulated, comminuted, open intra articular fracture of the right tibia” and a “comminuted, open oblique fracture of the distal right fibula.” The emergency department physician applied a short leg dorsal fiberglass splint to Ms. Tinsdale’s right ankle. Due to the severity of her injuries, the physicians felt it was advisable for Ms. Tinsdale to visit a major trauma center; she was med-flighted by helicopter for a series of painful surgeries.

The effects of this accident have totally changed Ms, Tinsdale’s life. She has experienced extensive pain and suffering from her injuries, and continues to feel considerable discomfort. Additionally, she was unable to work for several months.

Slip & Fall / Premise Liability Case

On January 6, 2005, Bill Givins* and his wife, Joan, were guests at a posh New Hampshire resort. At approximately 2:00 p.m., they were heading down a long, carpeted, uncovered stairway exposed to outdoor elements. It had been snowing quite heavily during the previous week, and the stairway had been shoveled off. However, the carpet had absorbed moisture from the prior snow, which had melted and re-frozen, making the stairway extremely slippery. Making matters worse, it recently had begun sprinkling snow again, which was landing on top of the frozen carpeted surfaces.

Mr. Givins was proceeding cautiously down the stairs when he slipped on the icy carpet, falling down nearly the entire length of the stairway. As he landed, he heard his right leg snap. Mr. Givins attempted to stand up, but was unable to put any weight on his knee, which gave way, causing him to fall again.

He was taken by ambulance to the hospital, where it was determined he needed surgery to repair a complete right quadriceps tear. Since the accident and subsequent procedure, his knee has been extremely painful and he has been unable to sleep. Upon further examination, an orthopedic surgeon surgically repaired Mr. Givin’s right quadriceps tendon; if this were not done, there could have been considerable loss of knee extension, mobility and strength.

Following the surgery, a knee immobilizer was placed to maintain knee extension. A year of frequent physical rehabilitation sessions was prescribed, along with additional exercises to be cautiously added to his home program.

Mr. Givins’ life had been profoundly affected by this accident. Prior to his fall, Mr. Givins was an extremely active man. Since the accident, however, he has been unable to participate in his favorite recreation activities, including motorcycling and running. Even a simple activity, such as walking on the beach, is difficult due to the strength and motion involved.

There is considerable loss of strength in his knee and he is constantly concerned that it may give out on him, as has happened many times. Also due to this lack of strength in his knee, Mr. Givins often walks with a slight limp. Additionally, he is left with a long, prominent scar on his leg; experiences numbness in the area of the incision; and has a small protrusion on his knee that still remains extremely sore.

Case Outcome: Attorney Russman was able to place full liability on the resort, which should have kept the stairs clear of ice and snow, and sanded or salted to prevent freezing. While medical bills were in excess of $33,000.00, Attorney Russman battled the insurance company and won a substantial settlement.

* All names have been changed to preserve our clients’ privacy.