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.
April 15, 2015 – Personal Injury MVA – $150,000 Settlement
This claim stemmed from an intersection motor vehicle accident in which the client was a seat belted back seat passenger. The client suffered multiple fractures and required hospitalization. Claims were made against the drivers of both motor vehicles involved in the accident as the investigation revealed that both drivers contributed to the accident. After negotiations, the full policy limits of $150,000 from both vehicles were eventually offered. The case was subject to a large lien from the client’s health insurance carrier which was significantly reduced through negotiations with the carrier.
March 27, 2015: OUI .15 breathalyzer – Jury Trial – Not Guilty
Client was stopped on his motorcycle at approximately 9:00 pm after being observed failing to stop at stop sign. Police officer testified to the odor of alcohol, slurred speech and failure on standard field sobriety tests. Breathalyzer taken at the station produced a reading of .15 which is above the .08 limit. Attorney Murray obtained the booking video taken at the police station in which the client was polite and cooperative through out. Contrast was drawn between the client’s breathalyzer results and his behavior in the video creating reasonable doubt.
The case was presented to a jury in the Worcester District Court. After deliberating for approximately 1 hour, the jury returned a verdict of Not Guilty.
March 18, 2015: OUI/Negligent Operation – Not Guilty
Citizen call of erratic operator prompted the stop of the client by the Spencer Police Department. Odor of alcohol was detected on the client and it was reported that he was unsteady on his feet. A flask with alcohol was discovered in the vehicle. Because the identity of the citizen caller was no disclosed, his 911 call was not introduced at trial and thus there was no evidence of erratic operation. Booking video supported defense that client was not intoxicated as did medical records which indicated leg problems.
Client was found not guilty on both the OUI and Negligent Operation charges. Case was heard in the East Brookfield District Court.
January 12, 2015: OUI – Jury Trial – Not Guilty
Citizen called 911 to report erratic operator near his home. Police responded and observed client directly outside his vehicle attempting to open a security gate. Citizen caller identified for police the motor vehicle as the same vehicle he observed operating erratically. Police officer detected odor of alcohol and testified client was unsteady on his feet. Client admitted to consumption of alcohol and portable breathalyzer taken on roadway produced reading of .12. Client was arrested.
Case was presented to a jury in the Fitchburg District Court. At the close of Commonwealth’s case, Attorney Murray filed a Motion for Required Finding of Not Guilty for lack of evidence regarding issue of operation and intoxication. Judge allowed motion and directed a verdict of Not Guilty.
December 3, 2014: OUI – Trial- Not Guilty
Citizen called 911 to report erratic operator on the roadway. Citizen followed client until police arrived and effectuated stop of client’s motor vehicle. Police officer detected odor of alcohol and client admitted to consumption of alcohol. Field sobriety tests were conducted and client was arrested.
Attorney Murray presented medical records revealing client had recent knee surgery as well as other physical conditions that may have interfered with results of field sobriety tests. Client and her adult son testified at trial as to client’s activities in days and hours before her arrest. Client testified that she had worked for 10 consecutive days and was dozing off while driving but was not under the influence of alcohol Son testified to the same. Case was heard in the Fitchburg District Court. Court returned a Not Guilty verdict.