January 2017 – OUI Alcohol – Jury Trial – Not Guilty – Ayer District Court

Our client was stopped after failing to use a directional and after being observed traveling considerably under the posted speed limit.  The arresting officer reported detecting a strong odor of alcohol coming from the driver along with blood shot and glassy eyes as well as slurred speech.  Several field sobriety tests were administered while the client was inside the vehicle including the alphabet and finger dexterity tests. The arresting officer testified that the client failed both of those tests.  When asked to exit the vehicle, the officer testified that our client was unsteady on his feet and swayed from side to side.   As a result, the officer formed the opinion our client was intoxicated and placed him under arrest.  Through effective cross examination of the officer and the production of the booking video, we were able to undermine the credibility and reliability of the Commonwealth’s evidence and the officer’s opinion of intoxication. In addition, our client and witness were well prepared to testify to the events of the evening creating reasonable doubt as to the Commonwealth’s case.   The jury deliberated for approximately 30 minutes before returning a verdict of Not Guilty.  The case was tried in the Ayer District Court.

December 2016 – Domestic Assault & Battery – Dismissed – Westborough District Court

Our client was charged with Domestic Assault and Battery against his wife stemming from a dispute at the marital residence.  A hang up 911 call to the police resulted in the police responding to the home and interviewing the wife after our client had left the residence.  After the interview, our client was arrested in a neighboring town.  DCF was contacted and a 51A was filed due to the presence of children in the home when the allegations were made.  Our office immediately became involved and accompanied the client to the interview with DCF which ultimately did not support any finding of neglect by our client.  Through discovery and negotiations with the District Attorney’s Office, we were able to prevail on the Commonwealth to dismiss the criminal charge against our client less than 90 days after his arraignment.

December 2016 – Restraining Order Extension Hearing – Order Vacated – Worcester District Court

Our client was served a Restraining Order by his former wife which prohibited him from having any contact with her and the parties’ middle school aged son.  The client retained Murray & Murray for representation at the restraining order extension hearing.  In preparation for the hearing, our office conducted our own investigation, including meeting with DCF, contacting collateral sources, reviewing probate court filings and conducting numerous client interviews.  A full hearing occurred in the Worcester District Court at which point the client’s former wife testified and requested an extension of the restraining order.  After cross examination of the former wife, the Court allowed Attorney Murray’s request that the Restraining Order be vacated.

October 2016 – Motor Vehicle Accident – $78,000 – Arbitration/Settlement

Our client, who was a self employed contractor, was injured when a motor vehicle slid on ice and collided with his truck. The client suffered soft tissue injuries to his neck and back which required physical therapy.  The cost of his medical care totaled only $6,300 however his injuries made it difficult for him to perform the physical aspects of his job.   After filing suit on the case and filing a 93A claim (unfair and deceptive trade practices) against the insurance company of the Defendant driver, the insurance company finally offered the full $35,000 policy limits of its insured after initially offering $5,000.  Our firm then filed an underinsured claim against our client’s own insurance company which refused to make any offer of settlement on the case.  The matter went to Arbitration and a full hearing was conducted.  After a detailed presentation and analysis of our client’s injuries and loss of earning capacity during his recovery, the Arbitrator awarded an additional $43,000 for our client for a total recover of $78,000.

August 2016 – Indecent Assault & Battery – Charges Dismissed/ Record Sealed – Quincy District Court

Our client was charged with 2 Counts of Indecent Assault & Battery stemming from allegations from his former girlfriend.  After his arraignment, our firm immediately began working on the case, initiating communication with the District Attorney’s Office and conducting our own internal investigation.  Through our efforts and negotiation with the assigned prosecutor, the charges were dismissed within 90 days of the commencement of the case.  Our office subsequently brought a Motion to Seal the criminal charges which was allowed.

August 2016 – Motor Vehicle Accident – $82,500 settlement

Our client was injured in an intersection motor vehicle accident which occurred when the Defendant motor vehicle proceeded from a stop sign into the right of way of our client causing the collision.  The Defendant driver alleged that our client was traveling at high rate of speed and denied total liability on the claim. The client, who was a college student, suffered a broken wrist which required surgical intervention.  Our firm fastidiously  gathered the records and bills and entered negotiations with the insurance carrier and the health insurance lien holder.  The lien was significantly reduced and matter was quickly settled at the client’s direction without the need for filing suit.

January 2016 – OUI – Motion to Suppress Allowed – Case Dismissed – Greenfield District Court

Our client was charged with Operating Under the Influence of Alcohol after a civilian called 911 and identified our client as operating erratically before pulling into a local convenience store.  Through investigation, our office discovered that there was a lapse in time between the 911 call and the police initiation of the motor vehicle stop of our client providing the basis for a motion to suppress.   The legal motion and memorandum of law was filed with the court and a full hearing was conducted, which included examination of the arresting officer, presentation of the 911 call and legal argument.  The Judge allowed our motion to suppress leaving the Commonwealth without any evidence to proceed.  The case was immediately dismissed.

January 2016 – OUI 2nd Offense – Not Guilty – License reinstated

Our client was charged with Operating Under the Influence of Alcohol – 2nd Offense and Leaving the Scene of a Personal Injury Accident.  The charges stemmed from a motor vehicle accident in which our client struck a parked motor vehicle in which several passengers were situated.  The Leaving the Scene Personal Injury charge was dismissed prior to trial and the OUI 2nd charge was tried in the East Brookfield District Court.  Through effective cross-examination of the arresting police officer and the well prepared testimony of the client and his father, we were able to create reasonable doubt as to the cause of the motor vehicle accident and our client’s sobriety. The client was found Not Guilty after trial.  At a subsequent hearing his license was reinstated and the client was able to preserve his job.

September 22, 2015 – Slip and Fall Ice – $95,250 Settlement

This claim stemmed from a sidewalk slip and fall on ice which occurred in the aftermath of several snow and ice events in the City of Boston.  The client suffered a leg fracture which did not require surgical intervention. Suit was filed in the case and discovery revealed that the contractor, for the apartment building where the fall occurred, had failed to adequately treat the ice and snow which had accumulated on the sidewalk in the previous week.  Statements were also obtained from witnesses regarding the condition of the sidewalk at the time of the fall.  The case settled after considerable negotiations.

May 27, 2015 – Personal Injury – MVA $100,000 settlement

After extensive negotiations and exchange of discovery, Attorney Murray was able to obtain the full, $100,000 insurance policy limits of the defendant driver on behalf of his client.  The case stemmed from an intersection motor vehicle accident in which Attorney Murray’s 73 year old client was struck directly on the driver’s side of the vehicle.  The client suffered a significant left shoulder injury which the insurance carrier initially denied responsibility for.  Through the use of expert medical reports, the causal connection between the accident and the shoulder injury was established and the $100,000 policy was paid.