The plaintiff was struck by a motor vehicle while walking home on an unlit road on a rainy night after drinking at a local tavern for most of the night.
He was transported to a local hospital where he was found to be in grave condition in need of brain surgery which it was not equipped to perform. He was rushed to Massachusetts General Hospital where his life was saved. He was subsequently discharged to a rehabilitation hospital where he remained for several weeks before his discharge home. He subsequently was able to resume his employment in his father’s bakery.
The driver of the motor vehicle testified at her deposition that she had little to drink that night. Plaintiff’s attorney, however, obtained copies of her medical records from the same hospital as she was injured in the subsequent crash of the vehicle. These records indicated a blood alcohol content of more than the legal maximum several hours after the accident in question.
The insurance company for the vehicle involved brought a declaratory judgment action seeking to avoid coverage on the grounds that the used car dealer had improperly registered the car to the mother of the driver’s boyfriend and, therefore, remained the owner of the vehicle. Plaintiff’s counsel then added that dealer to the lawsuit alleging that it was vicariously liable under M.G. L. c. 231, 85A.
The cases against all of the parties settled for $ 600,000.00 after a full day’s mediation.
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