New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

 

Case Title:     Iris Thompson v. Jan and Maria Havinga                                       

 

County:          Hillsborough - South                                                                        

 

Date of Injury: June 2, 2005                                                                                                                                                      

Liability Facts:

 

            The plaintiff, Iris Thompson,  was dropped off by the defendant, Maria Havinga, in front of the Masonic Temple in Milford to participate in a Senior Aerobics class.  The defendant inadvertently placed the car in drive when she was attempting to back away from the entrance and she struck the plaintiff from behind as she was about to enter the building, breaking both of the plaintiff’s legs, pushing her through part of the doorway and pinning her between the building and the door.

 

Plaintiff:  Sex:F        Age:96      

 

Plaintiffs' Theory of Liability:

 

            The defendant failed to keep her car under control and operate it in a safe and prudent manner.

 

Defendants'  Theory of Defense:

 

The defendants admitted negligence but challenged damages.

 

Injuries (Diagnosis/Prognosis/Permanency):

 

            Iris suffered a fractured distal right femoral shaft proximal to the condyle with overriding fragments on the right leg.  Iris also sustained a tibial plateau fracture on her left leg.   These injuries required irrigation and debridement with open treatment with internal fixation of a right grade 2 open distal femur fracture along with medial retinacular repair and patellar stabilization on the right leg. Her left leg was able to be treated non-surgically with a knee immobilizer brace.  Complications from her surgeries kept Iris hospitalized for 6 days, in rehabilitation for three weeks, at a skilled nursing facility for three months and now require her to remain in an assisted living facility for the remainder of her life.  Prior to this accident, Iris lived independently with her cat in Milford New Hampshire, tending to her extensive gardens, excercising daily and being very active in local politics.  Now, Iris lives alone in an assisted living facility with no gardens, cat, friends or activities.

Special Damages:

 

            Medical Specials -                               $170,759

            Non-Medical Specials -                      $    5,945

            Estimated Economic Loss -                $190,730

           

           

Verdict/Settlement:   

 

            This case settled without suit being filed for $850,000.00.

 

Counsel:

           For the plaintiff:         Mark A. Abramson, Esq. and Holly B. Haines, Esq.

                                                Abramson, Brown & Dugan, PA

                                                1819 Elm Street

                                                Manchester, NH 03104

                                                (603) 627-1819