SUCCESSES

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Following 10 days of trial in the United States District Court of Massachusetts, the family of a man who seriously injured himself in police custody settled all claims against a municipality and its officers for $1.75 Million.  Prior to opening statements, the family settled with the ER physician for $2 Million for a total of $3.75 Million.   During the trial, Austin J.   Freeley, Esq., had produced substantial evidence showing that the conduct of the municipality and its police officers in failing to properly supervise the inmate constituted “deliberate indifference” to his health and safety, resulting in his injuries. According to Attorney Freeley, the $1.75 Million settlement with the municipality represents the largest civil settlement in the city’s history. 

Following a two-week trial, a Suffolk County jury found a plastic surgeon liable for. placing a woman's nipples too high on her chest during a bilateral breast reduction mammoplasty procedure.   The doctor maintained her condition was the result of "bottoming out" which was a known risk of the procedure.  Attorney Austin Freeley demonstrated through expert testimony, cross-examination of the defendant and his expert, and visual graphics that the high nipples were the result of negligence.  Jury awarded $781,000 to plaintiff and  $200,000 to her husband.  With the award of  prejudgment interest, the verdict amounts to $1.65 Million.

A 5 year-old girl who was bitten on the ear while playing with her grandfather's dog received a pre-suit settlement of $225,000, to be held in trust until she reaches the age of majority.   The  attack caused a partial loss of the outer ridge of her ear.  Her father who was trained in emergency medical response, located the missing part of her ear and rushed her to the emergency room.  Following successful reconstructive surgery, doctors were able to preserve most of the appendage.   

A female town employee brought claims of sexual harassment against a Town for failing to prevent, investigate or discipline a volunteer worker who grabbed her breasts following a mutual hug.  The incident occurred at the Town offices and the assailant was a former town employee.   The Town maintained it was not responsible for the conduct of a non-employee.  The woman maintained that the Town retaliated against her for bringing claims to the MCAD and she eventually retired early as a result of the stress placed upon her by her supervisor.  Prior to trial, the parties were able to reach a confidential settlement of $125,000 to settle the case.  

A Middlesex Superior Court unanimously declared a school bus driver at local college ‘Not Guilty’ of sexually assaulting a female student. The matter was originally featured on successive evenings of the Fox 25 News. The bus driver had steadfastly maintained his innocence. The student victim testified that he grabbed her crotch and breast when the two were having a cigarette down in the employee break room, which was off-limits to students. However, the twelve person jury did not find her credible. Upon cross examination by Attorney Austin J. Freeley, it was revealed that the student victim had provided inconsistent versions of the alleged event to school and police officials. It was also disclosed that she was failing out of school and that her mother was threatening to cut off financial assistance at the time of these allegations

Attorney Austin J. Freeley obtained a settlement of $350,000 on behalf of an unnamed young woman against an unnamed businessman. The woman claimed that the man inappropriately touched and kissed her during a business conference. The parties were able to reach a prompt and strictly confidential settlement without resorting to litigation. 

A Suffolk Superior Court jury awarded $37,000 to two prisoners beaten by correction officers at MCI Shirley Medium Security Prison. The two inmates were not fed breakfast and began yelling and banging on their cells, demanding to be fed. In what Attorney Austin J. Freeley categorized as a ‘retaliatory beating,’ the two men were stripped naked, beaten, handcuffed, and thrown out of their cells. One of the men sustained chipped teeth along with numerous contusions about the body while the other inmate’s ear was physically torn from his head. The correction officers insisted that they were conducting routine cell searches for weapons in the aftermath of a riot. The jury returned the verdicts against the correction officers after 2 days of deliberation and the Court added an award of prejudgment interest to the verdicts. 

 A Norfolk Superior Court Judge ordered the suppression of over 170 grams of cocaine seized from a Braintree man’s apartment, finding that the police conducted an improper ‘consent search’ of the man’s apartment. The offense of trafficking in excess of 150 grams of cocaine carries a mandatory minimum sentence of 15 years in prison. Attorney Austin J. Freeley argued that the cotenant at the apartment did not give lawful consent to the search even though police obtained a written authorization from her following the search. The Court agreed and allowed the suppression of the cocaine as a sanction to police for their unlawful conduct. 

A Blackstone woman who tripped down the rear stairway to her apartment while taking out the trash received a settlement of $80,000 from the landlord’s insurance carrier. The woman sustained a fractured ankle from the fall. Attorney Austin J. Freeley argued that the fall occurred because the stairs were not in compliance with existing building codes. The parties were able to reach a settlement prior to trial.

A woman who sustained a partial amputation of her left index finger while operating a log splitter settled with the manufacturer and the distributor of the machine for $137,500. Attorney Austin Freeley alleged that the machine was unreasonably dangerous in that the log splitter in question was not equipped with adequate safety devices to eliminate foreseeable dangers associated with splitting logs by hand. The defendants disputed that the machine was dangerous, and contended that the woman was not careful and that she caused her own injuries. Following a full day of mediation, the parties reached a confidential settlement.

A woman working as a bartender received a settlement of $50,000 in connection with claims of sexual harassment against her manager  brought by Attorney Austin Freeley. According to Attorney Freeley, the manager partially pulled down her pants at work and made an obscene statement. The restaurant agreed to settle the case prior to the initiation of litigation. 

A woman who sustained cervical injuries in connection with a collision with a drunk driver, settled her claims with the operator for the policy limits of $20,000, whereupon she brought a claim pursuant to her own underinsured motorist coverage for the maximum available coverage of $80,000. Attorney Austin Freeley was able to reach an agreement with the insurance carrier without resorting to litigation.