NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION VERDICTS AND SETTLEMENT REPORT

P.O. BOX 447

CONCORD, NH  03301

 

Plaintiff's Attorney:  Kenneth C. Brown, Esq. and Jared R. Green, Esq.

 

Case Title:    John and Annette Mahoney v. Phyllis and Leslie  Mayhew

 

County:    Carroll     Date of Injury: April 21, 2005

 

Liability Facts:  John Mahoney was hit from behind while walking near his home by a car driven by Phyllis Mayhew, an 81 year old woman in failing health who had just returned from the eye doctor and was not wearing her driving glasses.

                       

Plaintiff:  Sex:  Age at time of injury:38

 

Occupation: Supervisor at a group home for emotionally disturbed/abused teenage boys.

 

Plaintiff's Theory of Liability: The morning of the accident, Mrs. Mayhew had surgery for a torn retina.  She was told not to drive and she was not wearing her glasses.  Mrs. Mayhew was charged with negligent driving.  A claim was also brought against Mr. Mayhew as he knew or should have known that his wife should not have been driving.

 

Defendant's Theory of Defense:    Comparative negligence.  Plaintiff was walking on the right side of the road.

 

Injuries:  (Diagnosis/Prognosis/Permanency) Mr. Mahoney received various injuries including a fracture of the left radius and ulna requiring four surgeries; lacerations to his upper lip requiring thirteen stitches; a concussion; a badly bruised tailbone and left elbow; bruised ribs; and abrasions to his face, hands, and arms.

 

VERDICT/SETTLEMENT: The case was mediated after suit was initiated.  The case settled for $325,000.00.

 

COUNSEL:              

                        Kenneth C. Brown, Esq.

                        Jared R. Green, Esq.

                        ABRAMSON, BROWN & DUGAN

                        1819 Elm Street

                        Manchester, NH 03104

                        (603) 627-1819

                        Counsel for the Plaintiff