Case Studies & Past Judgements

T.M. v. P.H.
Jane Doe v. N.T.
In Re: Spinach Food Poisoning
Estate of K.D. v. J.T., et al.
Estate of RNM v. CS
MD v. JM
FM v. MCP
KW v. NYCMutual

T.M. v. P.H.

This case involved a head-on collision between a car and a truck in Lockport, New York. The defense attempted to claim that the other driver, who crossed over a double-yellow line, was not at fault for the crash. The defense also claimed that T.M. suffered no real injury and that his quick return to work was evidence that he was not really injured.

Following a two-and-a-half week trial in Niagara Falls, New York, the jury awarded a verdict in the amount of $4.24 million on behalf of O’Brien Boyd’s client, T.M. According to jurors after the trial, the experts who testified on behalf of T.M. were far better prepared and more believable than the defense experts. Chris O’Brien had pointed out to the jury that the primary defense expert, Robert Lifeso, M.D., had earned over one million dollars the year before the trial in performing legal work for defense law firms.

The jury also commented that both T.M. and his wife were nice people who didn’t deserve to have the defense treating them so unfairly. Due to the limited amount of insurance coverage available, the case settled after the verdict for the amount of $500,000.00.

Jane Doe v. N.T.

This case involved sexual abuse of a fourth-grade girl by a teacher in a local school district. The case settled during trial for a confidential amount following cross-examination of the principal of the school.

As a result of the settlement of this case, O’Brien Boyd attorneys and Jane Doe’s family were able to compel the school district to put into place a special teacher-training program to aid teachers in recognizing sexual predators. By doing so, Jane Doe came away from this experience knowing that she had helped other students, reducing their risk of enduring her hardship.

In Re: Spinach Food Poisoning

This case involved an infant who suffered from a severe E.coli infection as a result of eating tainted spinach. O’Brien Boyd successfully obtained a pre-discovery settlement for the infant, under which all her future medical expenses would be paid and a separate trust set up for the infant’s future benefit. The terms of the settlement remain confidential.

In the course of this case, O’Brien Boyd arranged for the infant to be examined by doctors in Seattle, Washington, and New York, New York, including an evaluation by an internationally known neuropsychologist. As a result, the infant’s parents could make an informed decision regarding settlement, as they could understand the medical difficulties that their daughter might possibly face in the future.

Estate of K.D. v. J.T., et al.

This case involved a drunk driver who struck and killed a 21-year-old man following a concert at a local venue. Investigation by O’Brien Boyd uncovered the fact that the driver had been able to gain access to alcoholic beverages inside the concert facility due to lax security by the concert promoter and the owner of the concert facility. The case settled before trial for a confidential settlement under which all the defendants were required to contribute to the settlement.

This case was extremely traumatic in that the young man was struck by the car three days before Thanksgiving and remained in a coma until he passed away just before Christmas. In a remarkable showing of strength and concern for the community, the young man’s mother joined Chris O’Brien in making several presentations to local high schools warning of the dangers of drinking and driving. At these presentations, the mother reminded all the area high school students that they could wind up just like her son, or even worse, just like the drunk driver, if they did not make good decisions and refuse to drink and drive.

Estate of RNM v. CS

This case involved a young father who was killed when a drunk driver drove the wrong way on a local interstate. The insurance coverage for the drunk driver was not enough to compensate the family of the man she killed. As a result, O’Brien Boyd secured the insurance policy and an additional six-figure settlement that will be paid over a 30-year period.

MD v. JM

In this case, a professional’s career was derailed when a drunk driver drove a truck into his house, nearly killing a young family. The injured man lost his job while being treating for post-traumatic stress disorder. It took him several years to get his life on track. A neutral arbitrator awarded $245,000.

FM v. MCP

When a young girl’s car plowed into an elderly man who was lawfully crossing the street, the insurance company refused to pay. They claimed the accident was the elderly gentleman’s fault. The jury didn’t agree. After a one-week trial, Mr. Boyd proved that the young driver was 100 percent at fault for the accident. The case settled a few weeks later.

KW v. NYCMutual

This was a case in which New York Central Mutual claimed that a herniated disc was not a serious injury. They refused to pay a supplemental underinsured motorist claim. A Niagara County jury found that the insurance company should pay the claim, with a verdict of $240,000 in 2008.