Since 1983, Attorney Mark B. Morse has been getting significant results for individuals, families and small businesses in Providence and throughout Rhode Island. On this page, you will find summaries of some of the most significant cases our firm has handled.
- Personal Injury
- Family Law
- Business Litigation
- Employment Law
- Nonprofit Law
- Real Estate Law
- ERISA/Disability Insurance Denial
- Other Case Results
If you are dealing with an injury or family or business law matter, the Law Office of Mark B. Morse, LLC can help. Schedule your free, confidential consultation with an accomplished, board-certified trial lawyer. Contact us online or call 401-831-0555.
*Note that names have been altered to preserve anonymity. These cases, while representative, do not reflect what may occur in any particular situation, as the outcome of each case will vary depending on its individual circumstances.
Mrs. B. was 70 years old and in good health when she entered a local department store on a 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 that her doctor said were 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.
Diane was five years old when she slipped from a ten-foot wall on a former school property that was being prepared for development as an apartment complex. She suffered a closed-head injury, which her doctor 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.
During a city-wide 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. A suit was brought against the property owners and the electric utility, resulting in a six-figure settlement for Juan's benefit.
Motor Vehicle Accidents
Car Accident: Eleanor was driving a rental vehicle during her vacation in the Virgin Islands when she was struck by a car driven by a Rhode Island driver on the wrong side of the road. The collision required an operation to mend her broken hip, leaving her with a shortened leg and a lifelong injury. The case settled for the amount of insurance then available to Evelyn, the sum of $250,000, after suit began in federal court in Rhode Island.
Car Accident: 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 for a back injury. For the second accident, which involved a re-injury of his back, Al received the entire $25,000 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 payment, for a total of $104,500 total recovery from the two accidents.
Car Accident: 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, LLC 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 from the responsible party's insurance.
Car Accident: Al and Paula recovered $27,000 from the responsible party's insurance company. They also recovered over $8,000 to reimburse their medical providers from their own insurance company. The insurance company demanded repayment of the $8,000 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 pay for attorneys' fees and expenses. This resulted in a further net gain to Al and Paula.
Motorcycle Accident: 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 personal injury 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 percent higher than he would otherwise have obtained.
Pedestrian Accident: Mrs. B., an 80-year-old woman, 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 going too fast. Mrs. B. was then able to successfully settle her claims from the drivers' insurance company.
Pedestrian Accident: Frank was in a convenience store when a motor vehicle crashed through the window and struck him. As a result, Frank's wrist was injured. His wrist had been broken in years past, and the car driver's insurance company said it was not responsible for the pre-existing injury. The insurance company also claimed that there was only $100,000 in insurance money available to reimburse Frank. The insurance company offered $15,000 in total settlement of Frank's injuries. Out-of-state counsel then asked Attorney Morse to handle the claim. Attorney Morse established that Frank's wrist, though broken before the accident, had not bothered him until he had been struck by the car. Still, the car driver's insurance company resisted any further offers. Finally, on the eve of trial, after being exposed to a claim beyond the $100,000 coverage, Attorney Morse obtained $225,000 from the insurance company.
Car Accident: Lori was riding on the back of a motorcycle when it was struck by another motor vehicle. The insurance company for the responsible car driver offered $100,000, what it claimed to be the entire amount available. After filing a lawsuit, Attorney Morse was able to uncover an additional $225,000 of available coverage for a total settlement of $325,000.
Jim was pushing a commercial dumpster along broken pavement when the wheel caught in a crack in the pavement causing 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. It was settled on the eve of trial. Total sums received for Jim exceeded $250,000.
Anna was walking on a stairway when her grandfather shot a gun in the air. The bullet 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.
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.
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 then brought a claim against the store. Attorney Morse negotiated a mediated settlement for Brandon. The total recovery exceeded $1 million of which $750,000 came from the store with the balance from a lump sum settlement of his workers' compensation, and his weekly workers' compensation benefits.
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.
Art was in a parking lot of a residential apartment complex when he slipped, causing injuries to his ribs and shoulder. The corporate owner of the apartment complex, through its insurance company lawyers, contended Art had too much to drink which caused him to fall. The insurance company lawyers vigorously contested Art's claim for damages. The case was referred to Attorney Morse by other counsel who was unable to make any headway with the insurance company. Attorney Morse was able to present evidence that the parking lot was poorly maintained, and negotiated a $125,000 settlement from the $15,000 offer initially offered by the insurance company.
Ronald was visiting his parents from out of state when the neighbor's dog broke through an invisible fence, attacking him viciously and causing wounds to his forearm. The Law Office of Mark B. Morse, LLC was able to successfully negotiate a six-figure settlement for Ronald's wounds.
Carlos, a three-year-old, was at his neighbor's home, when their pet dog protecting its territory bit the child in the face. The Law Office of Mark B. Morse, LLC helped secure a structured settlement for the child's benefit payable after the child reached his age of majority.
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 in the amount of the damage to the home.
Pedro fell from a ladder, 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 processing plant vigorously contested that the plant's emissions aggravated Jane's condition. Despite their vigorous defense, a favorable settlement was reached for Jane.
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.
Property Division and Child Support
Jan had a ten-year marriage that she thought was perfect until her husband began an affair during her pregnancy with their third child. He left her after the birth of their child, who had special needs. With Attorney Morse's help, Jan was able to retain possession of the marital home and received significant spousal support and a favorable property division in a marital settlement agreement.
Property Division and Spousal Support
Arthur and Florence decided to call it quits after over 50 years of marriage. During the course of their marriage, a good deal of assets were accumulated. Despite bitter feelings, Attorney Morse was able to navigate a course for Arthur to retain the greatest portion of his assets, while at the same time providing for Florence to live comfortably.
Robin spent years chasing after her ex-husband in order to get him to meet his child support obligations. Prior to engaging attorney Morse, her ex-husband managed to dodge his obligations. Shortly after attorney Morse began representing Robin, the tide turned. Finally faced with severe sanctions for noncompliance, Robin's ex-husband paid his significant child support arrearage, and has since been in full compliance with his child support obligations.
Divorce, Property Division, Spousal Support and Child Support
Gina, a native of Italy, married a U.S. 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 her ex-husband's name, a portion of his military pension, and an equitable interest in all the bank accounts and assets, in addition to child and spousal support.
Military Divorce, Property Division and Child Custody
Alice was an Air Force officer stationed in Germany. Distance and changing values drove her and her spouse apart. The couple had a young child and needed creative solutions to develop 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 these issues in a manner particularly satisfying to the client.
Spousal Support and Property Division
After 27 years of marriage, Claudia and Stefan decided to call it quits. Stefan promised that Claudia would not get a dime of his pension or any part of the marital home, or the couple's largest marital assets. During the divorce, Stefan hid assets, made extraordinary disallowed purchases for his personal benefit, and did everything he could to make good on his promise. Despite his attempts to divest Claudia of an equal share of the marital assets, attorney Morse secured an allowance for spousal support in addition to an equal share of the marital estate, the pension and credits to Claudia's share for the items transferred by Stefan.
Property Division and Child Support
Jeaninne and Aaron had property and real estate that they each obtained after they got married. They also had a child together. Aaron refused to properly support the child after divorce. After a contentious battle, in addition to the child support that attorney Morse secured for Jeaninne, he also got Aaron to agree to a contribution for private school and extracurricular activity expenses. Jeaninne kept her property and received a 50 percent share of Aaron's property to make up for the period of time he neglected to pay child support.
Commercial License Dispute
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 successfully 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, business Attorney Mark 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.
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 percent, 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, LLC when neither the buyers nor the sellers would honor their obligations. After protracted litigation, Attorney Morse was able to obtain for James his commission.
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 a hearing, The Law Office of Mark B. Morse, LLC 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.
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, Attorney Morse was able to establish Larry's 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, requiring 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.
Employment Contract Violation
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 filed a suit. He negotiated an agreement providing Eleanor with the entire amount due under the terms of her contract, including health benefits, library and other academic privileges.
Laurie, the only female employed in the copy room of a printing company, alleged she was the victim of a hostile work environment and sexual harassment that made her working conditions intolerable. She retained The Law Office of Mark B. Morse, LLC, which brought a claim against the printing company until it went out of business, at which time the claim continued against the individuals responsible for creating the intolerable environment. The claims against the individuals were resolved during the course of the trial.
Animal Rights Non-Profit
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. He 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 the humane treatment of animals.
Music Non-Profit vs. Trustees
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 in perpetuity for the presentation of classical recitals. She 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. 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, which continues to operate the home 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.
Animal Rights Nonprofit and Zoning Issue
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 determination that the clinic should not be expanded. The Law Office of Mark B. Morse, LLC was retained. In a long and contentious hearing, he was able to successfully persuade the zoning board to permit the expansion.
Museum Ownership vs. Native Rights to Artifacts
In 1996, a local museum 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 when 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, LLC as local counsel. Mr. Morse assisted in bringing the case to a resolution in federal court, resulting 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.
Non-Profit Insolvency/Failure To Follow Donor Contract
A philanthropist donated money to a nonprofit organization to administer grants to be awarded. Instead, the nonprofit applied the funds to administrative and operational expenses not specified in the agreement between the philanthropist and the nonprofit organization. The nonprofit later filed for insolvency. Through the course of the insolvency proceedings, attorney Morse was able to get the court appointed receiver and secured lender to agree that the donees would be given an early payout from the available proceeds, in advance of a general distribution to other creditors.
Animal Rights Nonprofit and City Ban
Attorney Morse was successful in arguing, on behalf of a private dog owner and the Defenders of Animals, that a city wide ban against the ownership of pit bull breed dogs was in derogation of state law, and after extensive hearings, the ordinance was struck down.
Animal Adoption Agency Liability
Attorney Morse successfully defended an animal adoption agency when it was charged with adopting out a dog who later bit an individual. Attorney Morse convinced the insurance carrier for a related company to completely indemnify the animal adoption agency.
In this unusual claim, a cell tower was constructed on tribal land. The nearby town demanded that the telephone company that constructed the cell tower needed to 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 necessary.
Construction Defect Litigation
The Law Office of Mark B. Morse, LLC is often called upon to represent homeowners in disputes with contractors. 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, LLC was able to get Ed and Sheila compensated for the repair costs of damage to their home.
David, on active duty in the Armed Forces, and his wife Charlene purchased land in Rhode Island and contracted to build a log home on the property. In large part due to David being stationed out of the area, the contractor was not especially diligent in keeping the job on track. David and Charlene began to incur significant costs to extend the bank financing and from a loss of rental income that they depended on during David's military service. Attorney Morse was able to secure a reasonable timetable to get the contractor back on track, with compensation credited to David and Charlene for the additional costs they incurred.
George and Laura's house was rendered uninhabitable 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, LLC, George and Laura recovered the entire repair costs for the house, plus the cost of staying at a hotel, emotional distress and compensation for the personal property that was damaged.
Susan contacted The Law Office of Mark B. Morse, LLC, desperate to resolve the problems caused by a fraudulent contractor who constructed and sold her a home, of poor workmanship and faulty title. The situation turned after it was learned that the contractor also forged Susan's signature in order to obtain release of a lien, and the bank as a result sought to foreclose the property. In a case that went to the Rhode Island Supreme Court and back, attorney Morse successfully prevented the foreclosure, stopped the city from evicting Susan due to the contractor deficiencies, compelled the contractors to bring the home back to code compliance, and helped Susan obtain clear title to the property.
Austin purchased a condominium unit. Shortly after he moved in, severe structural problems developed. The unit was rendered uninhabitable. Austin hired The Law Office of Mark B. Morse, LLC, which successfully prosecuted the case through arbitration and recovered the value of the condominium unit on Austin's behalf.
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 Office of Mark B. Morse, LLC 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.
The Law Office of Mark B. Morse, LLC 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.
Additionally, The Law Office of Mark B. Morse, LLC represents contractors who have not been paid for their services. In one such case, a restaurant owner failed to live up to its obligations to pay its finish contractor the balance of $95,000 due on his contract. Attorney Morse presented the contractor's claims before a jury, and with the addition of interest and attorney's fees, obtained a $225,000 judgment, and a dismissal of the restaurant's claims against the contractor.
The Law Office of Mark B. Morse, LLC was asked to represent a national contracting firm in its mechanic's lien claim against commercial real estate owners who filed for receivership. The claim, involving multiple contracts, eventually resulted in a successful recovery for the services rendered by the contractor.
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 her plan. Her benefits were summarily terminated when the insurance company took her doctors' notations out of context and used them as a basis for denial. Judith hired The Law Office of Mark B. Morse, LLC, which brought a claim in federal court and was able to recover the benefits to which she was entitled.
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 their 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, LLC that she was 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
Dan tried to settle his claim for personal injuries without the assistance of a lawyer, but instead got himself into trouble with his health insurance company that paid for his hospital care now wanted to be repaid for an amount nearly equal to the amount that Dan received for his injuries. The Law Office of Mark B. Morse, LLC was able to negotiate a reduction of the repayment of the insurance proceeds to a small percentage of the total recovery.
ERISA: Long Term Disability Insurance Benefits
Deborah contacted attorney Morse after she was denied long term disability benefits from her private carrier. Deborah suffered from lung cancer, but the insurance carrier insisted that her symptoms pre-existed the date of coverage, and therefore she was not entitled to benefits. Attorney Morse was able to convince the insurance carrier that although the symptoms of her disease existed prior to her employment, the symptoms were deemed to be attributable to a different condition and were not attributable to her lung cancer. In view of the medical evidence presented, the insurance carrier relented, and awarded Deborah the full value of her benefits.
In a hotly contested case, the Law Office of Mark B. Morse, LLC was retained to represent an elderly man who had transferred his assets to his son with whom he had recently reconciled after a long period of estrangement. Shortly after the transfer, the relationship again soured, and the client, who felt betrayed and deceived by his son, sought to re-transfer the assets back 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 litigation to unsuccessfully appeal 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.
The Law Office of Mark B. Morse, LLC 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. Estate litigation 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 stepdaughter, to the charitable organizations designated by the sister, and to those beneficiaries specifically named by the sister in her will.
Financial Recovery For Former Child Abuse Victim
The Law Office of Mark B. Morse, LLC was retained in a particularly difficult case alleging child molestation by an uncle committed on a two-year-old child. As an adult, after years of therapy, the abuse victim retained the services of attorney Morse at 50 years of age. 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.
One of the most difficult claims to present involves evidence of professional malpractice. Nonetheless, The Law Office of Mark B. Morse, LLC 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 who 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 bankruptcy, the sellers were left with nothing. The hotly contested claim wound its way through bankruptcy court and local superior court before it was finally resolved with the full purchase price returned to the sellers by the lawyers' insurance company.
Attorney Morse represented the injured party in a number of cases involving insurance subrogation rights. Subrogation is when the insurance carrier seeks to get back the money 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.