Case Summaries
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* Names have been altered to preserve anonymity – The cases, while representative, do not reflect what may occur in a particular situation which will vary depending on the circumstances of each case ======================= PERSONAL INJURYBRAIN INJURY Mrs. B. was 70 years old and in good health when she was entering a local department store on a light breezy Spring day. The heavy metal door was propped open with a small wedge of wood when a strong wind blew the door shut knocking Mrs. B in the head. Her health quickly deteriorated leading to a series of mini-strokes, which her doctor said was probably related to the blow to her head. The case was presented to a jury, and in mid-trial, after hearing the persuasive testimony of her devoted husband, the Department Store attorneys agreed to a six figure settlement. BRAIN INJURY Diane was five years old when she slipped from a ten foot wall on the former school property, being prepared for development as an apartment complex. She suffered a closed head injury, which her doctor for the first and only time in his medical career said would likely result in long term consequences. Immediately before trial, the lawyers for the property owners agreed to a six figure settlement, payable in a lifetime annuity to the child. BURN INJURIES During a citywide celebration, Juan, a 14 year old boy, was standing on a porch when his friend held a flagpole outside a patio and struck a high voltage electrical wire. The voltage traveled through the pole causing burns to Juan. Suit was commenced against the property owners and the electric utility, resulting in a six figure settlement for Juan’s benefit. CAR ACCIDENT INJURIES Eleanor was driving a rental vehicle during her vacation in the Virgin Islands when she was struck by a car being driven by a Rhode Island driver on the wrong side of the road. The collision required an operation to mend her broken hip, leaving a shortened leg, and a lifelong injury. The case settled for the amount of insurance then available to Evelyn, the sum of $250,000.00, after suit began in federal court in Rhode Island. CAR ACCIDENT INJURIES Al, a 53 year old man was involved in two motor vehicle collisions within a two month period. The first accident resulted in payment to Al of $42,000.00 for his back injury. For the second accident, which involved in a re-injury of his back, Al received the entire $25,000.00 policy limits of the responsible party’s insurance. He then made a claim for underinsurance benefits from his own policy that resulted in another $37,500.00 additional payment for a total of $104,500.00 total recovery from the two accidents. CAR ACCIDENT INJURIES Deborah was a thirty five year old stay at home mom. She was not working due to a work related injury from which she was receiving workers compensation benefits. She was injured in a motor vehicle accident, and retained the Law Office of Mark B. Morse to represent her. Despite the insurance company doctor’s testimony that the work related injury involved the same body parts as those injured in the car accident, Deborah was able to establish that the injury was in fact different. She recovered the sum of $99,900.00 from the responsible party’s insurance. CAR ACCIDENT INJURIES / SUBROGATION Al and Paula recovered $27,000.00 from the responsible party’s insurance company. They also recovered over $8,000.00 to reimburse their medical providers from their own insurance company. The insurance company demanded repayment of the $8,000.00 for its insurance subrogation claim, but in a landmark case Attorney Morse argued successfully that the insurance company repayment should be reduced by the amounts Al and Paula had to repay for attorneys fees and expenses resulting in a further net gain to Al and Paula. CAR ACCIDENT INJURIES Mrs. B., an 80 year old lady, was crossing the street in front of her church when she was struck by a motor vehicle. The police officer that wrote the police report stated that Mrs. B walked into the vehicle. Attorney Morse, doubtful of the statements in the police report, hired a private investigator who found witnesses to establish that Mrs. B did not walk into the vehicle as stated, but was struck by the vehicle which was operating too fast. Mrs. B. was then able to successfully settle her claims from the operator’s insurance company. AUTO/PEDESTRIAN ACCIDENT Frank was returning from work when he stopped in a convenience store for a quick snack. A driver broke through the wall of the convenience store. Frank moved quickly and pushed a young child out of harm's way. He received the brunt of the impact, and re-injured his wrist. The insurance company for the driver insisted that its insured had only $100,000.00 available coverage, and offered less for purposes of settlement. On the eve of trial, however, the insurer finally conceded that there was an additional "umbrella" coverage available. Faced with the prospect of trial, the insurance carrier finally conceded its entire insurance policy, and more from its umbrella coverage for a total of $225,000.00. DOGBITE Ralph, from out of state was visiting his mother at her home. While there, on their own property, they were nearby the neighbors' property line when one of two dogs broke through an invisible fence attacking Ralph, and causing injuries to his arm. Having established that the invisibile fence was an inadequate form of an enclosure, Attorney Morse settled the claims on behalf of his client for $130,000.00. MEDICAL MALPRACTICE Irene was in her 90s when admitted to the Hospital. Her chart warned against the administration of a blood thinning drug. The Hospital overlooked the instructions that led to a deterioration of Irene’s condition, and her eventual death. A six figure settlement was reached with the Hospital and Irene’s family. MOTORCYCLE ACCIDENT INJURIES George was riding his motorcycle when a car pulling from a side street collided with him. The car driver’s insurer offered the amount of the policy limits to George. Had George accepted that money he would have been prevented from making an underinsured claim. After retaining Attorney Morse, George obtained the full benefits of the car driver’s insurance, and an additional amount from his own insurance that resulted in a sum 65% higher than he would otherwise have obtained. PREMISES LIABILITY Jim was pushing a commercial dumpster along broken pavement when the wheel caught in a crack in the pavement casing Jim to sustain a shoulder injury. In addition to the workers compensation benefits collected for his lost wages and injuries, a claim was presented against the property owners, and settled on the eve of trial. Total sums received for Jim exceeded $250,000.00 PREMISES LIABILITY Anna was a young lady, walking on the stairway when her grandfather shot a gun in the air. It went through the wall striking Anna. The insurance company would not indemnify the grandfather because it claimed the act was intentional and was excluded from coverage. Attorney Morse took over the representation of Anna after two previous lawyers determined there would be no insurance coverage. After a trial by jury, the insurance carrier finally relented and paid the total amount of its insurance coverage to Anna. PRODUCT LIABILITY Mr. and Mrs. S heated their home through a propane gas burner. Shortly after getting a refill, a tank exploded causing severe damage to their home. The propane gas company claimed Mr. or Mrs. S. did not properly lock the valve. Attorney Morse hired an expert in the causes of fire damage who helped establish that the gas company was responsible. A settlement was then reached for in the amount of the damage to the home. PRODUCT LIABILITY Pedro fell from a ladder which injuring his thumb. He claimed the ladder rung did not properly lock. The attorneys for the ladder company claimed he was leaning to the side that caused the ladder to fall. Attorney Morse retained an expert civil engineer to examine the ladder who supported Pedro’s claim that the ladder rung lock oftentimes failed to lock correctly. As a result, the lawyers for the ladder company agreed to a settlement of Pedro’s claims. TOXIC TORT Jane lived near a metal processing plant that emitted pollutants in the air. As a result, her bronchitis was aggravated. Attorney Morse brought a claim against the metal processing plant on the basis that it was a nuisance. Attorneys for the metal process plant vigorously contested that the plant’s emissions aggravated Jane’s condition. Despite their vigorous defense, a favorable settlement was reached for Jane. SLIP AND FALL Barbara was walking in an historic area of Newport when her heel caught on the cobblestone walk, causing Barbara to injure her ankle. Attorney Morse was able to obtain a $75,000.00 settlement on Barbara’s behalf. SLIP AND FALL Brandon was working for a beverage distributor when, while delivering to a retail store; he slipped on a liquid substance injuring his back. He recovered workers compensation benefits and from brought a claim against the store. Attorney Morse negotiated a mediated settlement for Brandon. The total recovery exceeded $1 million dollars of which $750.000.00 came from the store with the balance from a lump sum settlement of his workers compensation, and his weekly workers compensation benefits. SLIP AND FALL Joanne was walking in the bank parking lot when she slipped on ice, fell and broke her wrist. Attorney Morse achieved a settlement for her in the amount of $125,000.00. WRONGFUL DEATH Mr. W was confined to a wheelchair due to childhood polio. He was in charge of a large number of personnel in his department, and during his lifetime was a proud and self-sufficient individual. He was on floor 108 of the South Tower during the terror attacks of September 11. Through the Trial Lawyers Care program Attorney Morse volunteered his services to guide the family through the Victims Compensation process. After an emotional and intensive hearing, Attorney Morse was able to secure an award of over $1.2 million dollars over and above the substantial life insurance and pension benefits available to the family. WRONGFUL DEATH Richard was struck by a vehicle was crossing the street. His family had already gone to a number of firms before finally deciding to retain the services of Attorney Morse. The car-driver’s insurance company denied they were in any way responsible, but after being confronted with the evidence gathered through Attorney Morse’s efforts, the insurance company settled for 95% of its available insurance. SUBROGATION Attorney Morse represented the injured party in a number of the leading case involving insurance subrogation rights. Subrogation is when the insurance carrier seeks to collect the money back that it paid its insured when the insured recovers against the negligent party. In each of the cases the Court ruled that the injured party’s expenses must be considered before any reimbursement would be due to the insurance company. In most instances, this calculation results in significant savings to the injured party. ===================== FAMILY MATTERSDOMESTIC / CHILD SUPPORT Jan had a ten year marriage, which she thought was perfect, until during her pregnancy with their third child, her husband decided to begin an affair. He left her after the birth of their child who was born with special needs. With Attorney Morse’s help, Jan was able to retain possession of their marital home, and received significant spousal support and property division through a marital settlement agreement. DOMESTIC / CHILD SUPPORT Arthur and Florence decided to call it quits after over fifty years of marriage. During the course of their marriage, a good deal of assets was accumulated. Despite bitter feelings, Attorney Morse was able to navigate a course for Arthur where he was able to retain the greatest portion of his assets, while at the same time providing for Florence to live comfortably. DOMESTIC / CHILD SUPPORT Robin spent years chasing her husband to meet his child support obligations. Prior to engaging Attorney Morse, her ex-husband managed to dodge and weave his way around meeting his obligations. Shortly after Attorney Morse began representation of Robin, the tide turned. Finally faced with severe sanctions for noncompliance, Robin’s ex-husband paid his significant arrearage, and has since been in full compliance of his child support obligations. DOMESTIC / CHILD SUPPORT Gina, a native Italy married a serviceman and moved to the United States. When her husband left her and her two children for another woman, Gina was prepared to throw in the towel, and settle simply for child support payments. After engaging Attorney Morse she was able to obtain her equitable division of the real estate held in the Husband's name, a portion of the Husband’s military pension, and an equitable interest in all the bank accounts and assets held by the Husband, in addition to child and spousal support. DOMESTIC / CHILD SUPPORT Alice was an Air Force officer stationed in Germany. Distance and changing values drove the parties apart. The couple had a young child and creative solutions were required to implement a workable custody and visitation plan. Alice also had a house, which she owned before her marriage, and a military pension that she would need in the future. Attorney Morse was able to work through all this issues, in a manner particularly satisfying to the client. FAMILY / ESTATE DISPUTES In a hotly contested case, the Law Office of Mark B. Morse was retained to represent an elderly man who had transferred his assets to his son with who he had recently been reconciled after a long period of estrangement. Shortly after the transfer, the relationship again soured, and the client, having felt betrayed and deceived by his son, sought a re-transfer of the assets to his control. The proceedings were fraught with emotion and allegations of betrayal and abuse. The son engaged five different law firms during the course of the litigation, unsuccessfully appealed an interim decision to the Supreme Court, and was held in contempt of court before the case resolved. The resolution established a Trust and allowed the client full use of his funds during his lifetime. FAMILY / ESTATE DISPUTES The Law Office of Mark B. Morse was retained to represent an elderly man who was the heir at law when his sister died. The stepdaughter of the sister had commenced legal proceedings to have the sister’s assets turned over to her, despite a will specifying otherwise. Attorney Morse was able to successfully negotiate a portion of the proceeds for the benefit of his client, with the remaining portions paid to the benefit of the step-daughter, to the charitable organizations designated by the sister, and to those beneficiaries specifically named by the sister in her will. FAMILY / ESTATE DISPUTES The Law Office of Mark B. Morse was retained in a particularly difficult situation alleging child molestation by an uncle committed on a two year old child. The woman retained the services of Attorney Morse at 50 years old, when after years of therapy; she finally confronted her mother, who admitted that when she was younger, her uncle had molested her. The case focused on issues of recovered memory, and statute of limitations that would otherwise have prevented the case from going forward. The parties agreed to a confidential settlement. ===================== BUSINESS LITIGATIONCOMMERCIAL LICENSE DISPUTES Janie is a successful artist who licensed her designs for use on novelty items. When the manufacturer failed to produce the amount of sales that were promised, Janie sought to terminate the relationship, and explore alternative marketing ventures. She hired Attorney Morse who successful established that the manufacturer had breached its contract with Janie, resulting in a substantial payment for lost sales, and an award to Janie for exclusive marketing rights to her designs. COMMERCIAL LICENSE DISPUTES In this licensing dispute, Attorney Morse represented a well-known marketing agency, which had exclusive rights to market a particular type of collectible trading cards. The cards were to be shipped directly from the owner to the buyer in sales leads provided by the marketing company. The owner failed to pay for all the sales generated, and violated the exclusivity provisions that he had granted to the marketing company. Through Attorney Morse, the marketing company successfully sued in federal court and obtained a six figure judgment against the owner for having breached the contract. BROKERAGE COMMISSION James successfully brokered the sale of a business and real estate for an effective purchase price of over $5 million. The sellers of the business had agreed to pay James a brokerage commission of 4%, but the sales papers were prepared to obligate the buyers of the business to assume the obligation. James hired The Law Office of Mark B. Morse when neither the buyers nor the sellers would honor their obligations. After protracted litigation, Attorney Morse was able to obtain for James his commission. CONTRACT DISPUTES A successful commercial contractor purchased specialized equipment from a Pennsylvania manufacturer. Shipping of the equipment was delayed, and when it finally did arrive it was not built to the specifications required by the contracting company. As a result, the contractor lost money due to the delays in shipping, and the reduced output occasioned by the wrong specifications. After hearing, the Law Office of Mark B. Morse was able to obtain a judgment against the manufacturer for the losses incurred through the date of hearing, and an additional amount for future losses anticipated by the contracting company, as supported through its accountant’s business forecast. PARTNERSHIP DISPUTES This partnership dispute began after the first successful business season. The parties had agreed to operate a seasonal holiday festival as equal partners. Larry was the creative force, and Thomas provided the capital. Thomas insisted that his lawyer prepare the documentation for the parties. Unbeknownst to Larry, Thomas had the lawyer put all shares and control of the business in his name. Relying primarily on the actions of the parties, and public announcements, Larry, through Attorney Morse was able to establish his equal ownership of the business, and forced a buyout of his interest in the business. COMMERCIAL COLLECTION MATTERS John was an accountant who did work for a group of investors who ran a successful franchise business. The clients refused to pay their bills when due which required John to bring claims against the businessmen principals, and each of their companies. After being sued, the businessmen claimed the accounting services were performed improperly, and that the billings were inaccurate. Attorney Morse assembled a team of professionals prepared to testify as to the value of the services performed, the amount of the outstanding bills, and that the services were performed satisfactorily. On the day of trial, the business people finally relented, and paid John for the amounts he was owed. PROFESSIONAL MALPRACTICE One of the most difficult claims to present involves evidence of professional malpractice. Nonetheless, the Law Office of Mark B. Morse has been called upon in a number of situations to represent persons injured physically or financially due to professional malfeasance. In one such case, the shares of a small company were sold after the principal officers were unable to get along. The attorneys that prepared the transaction failed to properly secure the assets in the event the purchasers failed to pay the purchase price. When the buyers filed for proceedings in bankruptcy, the sellers were left with nothing. A hotly contested claim which wound its way through bankruptcy court and local superior court was finally resolved with the full purchase price returned to the sellers by the lawyers’ insurance company. EMPLOYEE / EMPLOYER / DISCRIMINATION Eleanor was a professor at a local university. She negotiated a two year contract with the University. When the University refused to honor the two year contract and attempted an early termination, Attorney Morse brought suit, and during its pendency negotiated an agreement providing Eleanor with the entire amount due under the terms of her contract, including health benefits, library and other academic privileges. EMPLOYEE / EMPLOYER / DISCRIMINATION Samuel was a Nigerian resident of Rhode Island who was denied employment at a trucking company without just cause. Samuel hired the Law Office of Mark B. Morse after the company continued to advertise for the same job, after having told Samuel the position was full. After appeal to the Superior Court, Attorney Morse successfully had the decision before the RI Commission for Human Rights confirmed awarding Samuel past and future wages and benefits on the basis that the trucking company discriminated against Samuel on the basis of his national origin. EMPLOYEE / EMPLOYER / DISCRIMINATION Laurie, the only female employed in the copy room of a printing company alleged she was the victim of a sexually harassing environment that made her working conditions intolerable. She retained the Law Office of Mark B. Morse who brought claim against the printing company until it went out of business, at which time the claims continued against the individuals responsible for creating the intolerable environment. The claims against the individuals were resolved during the course of the trial. ======================== NON-PROFIT / PRO BONONON-PROFIT / ANIMAL RIGHTS / MISCELLANEOUS Attorney Morse is a member of an animal rights advocacy group. When the group sought to limit the use of the gas chamber in certain municipalities, they contacted Attorney Morse who donated his services to successfully prosecute claims in three different municipalities effectively limiting, or eliminating the use of the gas chamber. The intent to challenge each municipality that used the gas chamber became moot when the animal advocacy group successfully sponsored legislation to eliminate the use of the gas chambers statewide. Attorney Morse continues to represent the group in various efforts to raise the awareness of issues of animal cruelty, and to legally enforce, through the civil justice system, the humane treatment of animals. NON-PROFIT / ANIMAL RIGHTS / MISCELLANEOUS In 1895, a wealthy patron of the arts had her East Side home renovated to include a music room where classical chamber music would be performed. Upon her death, she bequeathed the use of her home to be used in perpetuity for the presentation of classical recitals, and named a local bank as Trustee to carry out her wishes. Following her death, hundreds of classical students performed their first recital at the now converted home. In 1996, the bank determined that it could no longer operate the home due to rising costs, and proposed to sell the mansion to a private individual whose intent was to revert it to a private residence. The funds from the sale would then be distributed among nonprofit musical groups. A number of local patrons and musicians who had performed at the home banded together to fight the closure. They retained Attorney Morse who volunteered his services to the group. After a number of meetings with bank officials, fundraising efforts, and neighborhood activism, the group successfully persuaded the bank to turn over the operation of the home to the group. Eventually title to the property was transferred to the group that continues to operate the home today consistent with the original intent of the donor. On the occasion of the transfer, the group presented Attorney Morse with a plaque in gratitude for his efforts and assistance in effectuating the transfer. NON-PROFIT / ANIMAL RIGHTS / ZONING / MISCELLANEOUS An animal care clinic that offered low cost spay/neuter and limited veterinary services was prevented from expanding its services due to opposition from local boards. A local effort was organized to challenge the zoning officials determination that the clinic should not be expanded. The Law Office of Mark B. Morse was retained to challenge the limitations of the zoning officials, and in a long and contentious hearing, was able to successfully persuade the zoning board to permit the expansion. NON-PROFIT / ANIMAL RIGHTS / MISCELLANEOUS In 1996, a local museum, after an appraisal from Christy’s, discovered that an artifact in its collection had significant monetary value. An aborigine group claimed however that the artifact was stolen from it in the 1800s during a conquest in which the European settlers plundered the Tribe’s artifacts. The Museum claimed a different history, and said records indicated that the Europeans were given the artifact in an exchange of gifts. The aborigine group retained The Law Office of Mark B. Morse as local counsel who assisted in bringing the case to a resolution in federal court that resulted in the return of the artifact to the aborigine group, and a promise of cooperation to feature cultural information about the group in the museum exhibits. ====================== REAL ESTATE / CONTRACTOR LITIGATIONREAL ESTATE / LAND USE In this unusual claim, a cell tower was construct on tribal land. The Town demanded that the telephone company that constructed the cell tower seek Town permission, but the telephone company insisted it was unnecessary due to the location of the tower. The parties successfully negotiated a resolution so that no approval of the Town was deemed necessary. REAL ESTATE / CONTRACTOR LITIGATION The Law Office of Mark B. Morse is often called upon to represent homeowners in contractor disputes. In one such case, Ed and Sheila purchased a newly constructed home that had problems from the roof down to the basement. After protracted litigation, the Law Office of Mark B. Morse was able to get Ed and Sheila compensated for the repair costs of damage to their home. REAL ESTATE / ENVIRONMENTAL DAMAGE George and Laura’s house was rendered inhabitable after an oil company overfilled their oil tank causing it to leak into the cellar. To compound matters, during the course of having the oil spill cleaned, the company undermined the house foundation, causing severe damage to the integrity of the house. After contacting the Law office of Mark B. Morse, George and Laura recovered the entire repair costs for the house, plus the cost of staying at a hotel, emotional distress damages, and compensation for the personal property that was damaged. REAL ESTATE / CONTRACTOR LITIGATION Austin purchased a condominium unit. Shortly after he moved in, severe structural problems developed. The unit was rendered uninhabitable. Austin hired the Law Firm of Mark B. Morse, who successfully prosecuted the case through arbitration and recovered the value of the condominium unit on Austin’s behalf. REAL ESTATE / COMMERCIAL TENANCY Ray operated a nightclub in Downtown Providence. When the owner of the building took it upon himself to evict Ray without legal process, Ray hired the Law Firm of Mark B. Morse to recover the lost profits from his business. After a trial, the Court awarded Ray all lost profits, plus damages for items converted at the time of the wrongful eviction. REAL ESTATE / AGENCY MISREPRESENTATION The Law Office of Mark B. Morse has, from time to time, been called upon to represent property owners who were deceived by real estate brokers misrepresenting material features of the property. In one such case a real estate agent advertised property as waterfront, when in fact there was an easement impeding uninhabited access to the waterfront. The claim was successfully resolved in a return of the amount representing the reduced value of the property due to the existence of the easement. ========================== ERISA / DISABILITY INSURANCEERISA / DISABILITY INSURANCE Judith was a professional who suffered from chronic pain syndrome. She was unable to work and collected disability benefits for an extended period, until a new insurance company took over administration of the Plan. Her benefits were summarily terminated when the Insurance Company took her doctors’ notations out of context and used it as a basis for denial. Judith hired the Law Office of Mark B. Morse who brought a claim in federal court and was able to recover the benefits to which she would otherwise be entitled. ERISA / PENSION PLAN Louise worked at a small professional office. She had part of her earnings deducted each week for her employer sponsored pension plan. When she left the employ, however, her employer refused to give her information or transfer her plan benefits into a new program, as was required by the terms of the Plan. It was not until Louise hired The Law Office of Mark B. Morse was she able to obtain information about her pension. Additionally because the employer refused to provide the information in a timely fashion, Attorney Morse was able to convince the Court that damages, available through the law, were justified because of the obstructive tactics of the employer ERISA / SUBROGATION Dan tried to settle his claim for personal injuries without the assistance of a lawyer, but instead got himself into big trouble with his health insurance company that paid for his hospital care and now wanted to get repaid for an amount nearly equal to the amount that Dan received for his injuries. The Law Office of Mark B. Morse was able to negotiate a reduction of the repayment of the insurance proceeds to a small percentage of the total recovery. ===================== ===================== SETTLEMENTS/VERDICTS
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