Diamond

Cases

 

Please view a few of our cases below.

 

Driver Hits Parked Vehicle - Pedestrian’s Legs Crushed

$1.25 Million Settlement Motor Vehicle Negligence Case by Attorney Daniel James Cardinal

 

The plaintiff was removing items from the trunk of her motor vehicle, which was parallel parked on the right-hand side of North Street in Natick. The defendant was operating his motor vehicle south on North Main Street in Natick.

The defendant allegedly lost control of his vehicle, causing it to veer to the right. As a result, the defendant’s car struck a second vehicle, which was parallel parked behind the plaintiff’s vehicle. The force of the impact caused the second vehicle to move forward into the plaintiff’s car, causing her lower extremities to be crushed between the two vehicles.

The plaintiff sustained significant crush injuries to both of her lower extremities. She underwent a series of surgeries and months of rehabilitation in an effort to align the fractured bones in her legs and to assist in rejuvenating the muscles, blood flow and nerves.

At the time of settlement, the plaintiff had made a remarkable recovery and was able to ambulate on her own without the assistance of any apparatus.

Injuries alleged: Crush injuries to lower extremities, permanent scarring and disability

Single Car Collision / Passenger Death - $1.6 Million Settlement

Wrongful Death Claim Case by Attorney Daniel James Cardinal

 

This wrongful death claim arises from a single car automobile collision that occurred on a back wooded roadway in Medfield, Massachusetts. Earlier that evening a group of recent high school graduates had gathered at a friend’s house. It is alleged that alcohol was being served at this apartment house party and that the insured driver of the vehicle involved in this single car automobile collision had consumed alcohol prior to the occurrence of the collision. Most of the young people who attended this gathering were under the legal age for purchasing and/or consuming alcohol. Medical record testing of the decedent confirmed that he did not have any alcohol in his system.

A group of five friends left the apartment house party as occupants of the 2002 Nissan Maxima 4-door Sedan being operated by the defendant. The decedent was one of the rear seat passengers seated in the right rear passenger’s side. The Massachusetts State Police collision reconstruction report investigation determined that the defendant was operating his vehicle at 81 mph at the time of the collision on a posted 40 mph stretch of road. The vehicle left the road way in a sideways motion, the right rear passenger side of the vehicle came in direct contact with a tree on the east edge of the road way. The force of the impact snapped the tree in half. Excessive crush damage was sustained to the right rear passenger door area where the decedent was seated as a seat-belted passenger. All the windows of the vehicle were blown out and the roof was buckled.

The decedent was the only passenger to suffer any significant injuries as a result of this single car collision. He was pronounced dead within one hour of the collision at the local hospital. The issue of conscious pain and suffering was contested by the parties.

Criminal indictments were issued against Robert Leist on the charges of motor vehicle homicide by operating under the influence of liquor and negligent operations.

Case settled prior to suit being filed.

Case was settled in a short-term structured settlement with a total payout of $1,612,471.00. Present day value of the settlement was equal to $1,350,000.00, which represents the full policy limits of all insurers.

Commonwealth vs. Van Dine

Criminal Defense Case by Attorney Bruce A. Kraft

 

The client was an oil delivery driver who was charged with motor vehicle homicide. Commonwealth alleged that the client drove his oil truck negligently, and as a result, he had run over an elderly woman walking in the street in the Brighton section of Boston.

During the course of the trial, Attorney Kraft was able to recreate the sequence of events, to show that his client has been operating his truck with due care and free of negligence. He was able to show that the tragic accident was the result of the deceased walking alongside the truck on the street, and this negligent act on the part of the deceased was the sole cause of the truck knocking her to the ground and leading to her death. The trial judge entered a not guilty finding.

Parenteau, et al vs. Jacobson, et al

Landlord & Tenant Dispute Case by Attorney Bruce A. Kraft

 

Attorney Kraft successfully represented a landlord in a lawsuit brought by three (3) tenants in a Boston apartment building. The tenants sued the landlord in the Boston Housing Court for numerous claims under Massachusetts Landlord-Tenant Law, based on alleged condition of the tenants’ apartment. Attorney Kraft was able to have all findings against the client thrown out.

Mahalingam vs. Mahalingam

Divorce Case by Attorney Bruce A. Kraft

 

This complex and contentious divorce case was successfully resolved for Attorney Kraft’s client after more than ten (10) pre-trial court appearances, and a four (4) day trial. Disputes between the parties required the resolution of issues involving: child custody; visitation; education; division of marital assets; child support and alimony. The case also involved jurisdictional issues because the opposing party, the father, had moved to New Hampshire, and was seeking to have the child deemed a New Hampshire resident. Attorney Kraft successfully argued that Massachusetts appropriately retained jurisdiction of the case and over the child. Father’s requests to be granted legal and physical custody, to pay minimal child support and to pay no alimony were all denied.

Estate Administrator vs. Maloof

Estate Litigation by Attorney Bruce A. Kraft

 

Lawsuit brought by administrator against beneficiary of estate was initially dismissed for violation of Statute of Limitations. At issue was whether knowledge of potential wrongdoing by the beneficiary by another beneficiary could be imputed to the estate administrator. This legal issue had never been decided in the Commonwealth of Massachusetts. Attorney Kraft successfully argued to the Massachusetts Supreme Judicial Court, that the trial judge had erred, and that the law in Massachusetts did not permit a beneficiary to file a claim on behalf of the estate except in limited circumstances, not present in this case. Accordingly, the Statute of Limitations had not expired, and the estate’s claim could proceed to trial.

Sullivan, Kilgallon and Crowley vs. Brookline Fire Department

Civil Service Case by Attorney F. Robert Houlihan

 

Civil Service Commission, Docket G-2374, Norfolk Superior Court, Dockets 95-615 and 95-630. My partner and I represented three (3) Brookline firefighters who were used by the Town of Brookline as acting lieutenants for several years continuously without promotion to the full and permanent lieutenant’s position; the Town of Brookline thought it held the exclusive managerial right to decide promotions. The Civil Service Commission made new law about job advancement rights within Civil Service as a result of this Civil Service case.

But the Commission’s orders had to be enforced at Superior Court to make our clients’ relief meaningful. I obtained injunctive relief preventing Brookline from skirting the Commission’s orders and then a final Superior Court Order affirming Civil Service order and an order forcing Brookline to comply with it.

Massachusetts Institute of Technology – Wrongful Death Claim

Criminal Defense by Attorney F. Robert Houlihan

 

I represented the President of the M.I.T. fraternity in which Scott Krueger died in 1997. My representation lasted for four (4) years and it involved three (3) fronts all of which threatened my client both criminally and personally: a Grand Jury investigation carrying a potential manslaughter charge, M.I.T.’S disciplinary process with a potential expulsion result and a civil action filed by the Krueger family. My job as defense counsel was to limit my client’s exposure in all three (3) areas and, especially to keep my client out of the media’s focus as the press would have portrayed my client wrongly as the poster boy for bad fraternity house behavior.

Extensive preparation and meetings with the District Attorney’s Office and detectives succeeded in the fraternity’s getting indicted but not my client who faced no charges. We prevailed at M.I.T.’S disciplinary hearing and I assisted with the civil case defense which was satisfactory settled.

Commonwealth vs. Robert Mitchell

Civil Service Defense Case by Attorney F. Robert Houlihan

 

Suffolk indictments 075270 and 075271, charging conspiracy and public official corruption. This was the widely publicized “towing scam” covered in depth by television and the Globe and Herald. Mitchell directed the Boston Public Works Abandoned Vehicle Towing Program, which a Grand Jury investigated and handed up over 300 indictments. Mitchell was suspended without pay from work.

As defense counsel, I tried these two (2) indictments separately with Bruce A. Kraft assisting and obtained two (2) acquittals. Post trial, we were able to obtain reinstatement of Mr. Mitchell to his same employment position including reimbursement of lost salary. Additionally, we prevailed on the Globe to write an article covering the two not guilty findings so Mr. Mitchell’s reputation could be repaired publicly.

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Expert Law Services in Brookline MA

 

The firm prides itself on the traditional values of hard work and personal customer service with our focus being on representing individuals, families and small companies who demand responsive legal representation.

As experts in personal injury law, divorce law, business and real estate law, some of the personal legal services we provide include: Personal Injury Claims, Automobile Accident Claims, Divorce Matters, Child Custody/ Child Support Matters, Wills/Probate of Estates, Probate Court Litigation, Civil Service Claims, Criminal Law/OUI Cases and Real Estate closings. Each of the firms attorneys are experienced trial lawyers in the Civil Courts, Probate Courts and Criminal Courts of Massachusetts representing clients in these courts through all phases of litigation from early settlements through Jury Trial Verdicts.

Our commitment to obtain success for our clients has led to our firm’s success in the Brookline business community.

 

 

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Personal Injury

 

Personal injury is a mental or physical injury suffered by an individual. The types of personal injury claims which are most common are accidents at work/home, motor vehicle accidents and product defect accidents...

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Personal Injury

 

Personal injury is a mental or physical injury suffered by an individual. The types of personal injury claims which are most common are accidents at work/home, motor vehicle accidents and product defect accidents...

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Divorce/Custody

 

Preparing for divorce may initially seem like an overwhelming process; however, there are steps you may take to ease you towards the finish line. These steps include finding a skilled and experienced divorce attorney...

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Divorce/Custody

 

Preparing for divorce may initially seem like an overwhelming process; however, there are steps you may take to ease you towards the finish line. These steps include finding a skilled and experienced divorce attorney...

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Business Law Experts

 

Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales...

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Business Law Experts

 

Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales...

 

Contact Information

 

Address

229 Harvard St
Brookline, MA 02446

 

Telephone

(617) 277-3477

 

Facsimile

617-738-0954

 

Email

Daniel J. Cardinal
Bruce A. Kraft
F. Robert Houlihan

Houlihan Kraft & Cardinal © 2016 All Rights Reserved

 

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