Verdicts and Settlements

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VERDICT/SETTLEMENT

Neal and Julie Crossland v. Gilyan Barrett

Hillsborough Superior Court (Northern District)

Facts/Liability:

This is a civil action arising out of a car crash on June 29, 2009 in Manchester, New Hampshire.  That afternoon, the plaintiff, a then 66-year old retired, husband, father and grandfather, was on his way home, heading south on Brown Avenue, in a compact 2009 Smart Car. Mr. Crossland stopped his vehicle with traffic, as the car in front of him had stopped to make a left-hand turn onto Brent Street when the oncoming northbound traffic cleared. The defendant, Gilyan Barrett, was also traveling southbound on Brown Avenue, driving a 1999 Chevy Suburban. She failed to stop for Mr. Crossland’s vehicle, slammed into the rear of the plaintiff’s Smart Car with significant force, propelling the plaintiff’s vehicle into on-coming traffic in the northbound lane. The plaintiff’s Smart Car was ultimately propelled into a Public Service of New Hampshire utility pole.

Immediately after impact, Mr. Crossland reported chest pain, left flank pain, and right hip pain. He was emergentlytransported by ambulance to a hospital in Manchester, New Hampshire where he was diagnosed with a right sixth rib fracture and left subcapsular renal hematoma. Mr. Crossland was transferred to a Massachusetts Hospital for admission and further treatment. As a result of this collision, Mr. Crossland was diagnosed with a grade 2-3 kidney laceration, lung contusions and traumatic avascular necrosis of the femoral head, which required a total hip replacement. The defendant challenged the causal relationship of the avascular necrosis and need for hip replacement due to the plaintiff’s past medical history of joint and orthopedic issues.

Injuries:

Mr. Crossland endured extended periods of pain, suffering, anxiety, sleep disturbances, hospitalization and rehabilitation for his injuries. He suffered a significant loss of enjoyment of life.

Special Damages (if any):

Medical Bills:              $ 70,719.13

Verdict/Settlement:

The parties settled after filing suit but prior to trial for $212,500.00.

Plaintiff=s Experts (if any): Confidential

Defense Experts (if any): Confidential

Plaintiff=s Counsel (please include name and firm):

Holly B. Haines

Abramson, Brown & Dugan

1819 Elm Street

Manchester, NH 03104

Defense Counsel (please include name and firm):

James L. Soucy, Esquire

Law Offices of John B. Schulte

650 Elm Street

Manchester, NH 03101

Insurance Carrier (if relevant): Peerless Insurance

Date of Injury: 2009

Date of Verdict or Settlement: 2012

Mark Abramson
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