Settlements & Verdicts 2016

12/20/16 Settlement $115,00.00 Rear-End Motor Vehicle Accident on Rte. 195

Plaintiff, who was a construction worker and avid guitar player, was rear-ended on Rte. 195 and suffered injuries to his neck, head and shoulder. After numerous months of conservative treatment, the plaintiff underwent rotator cuff repair surgery. The defense argued that the plaintiff had suffered right and left shoulder problems prior to the accident as a result of years of guitar playing, and argued the surgery was not related.

11/30/16 Settlement $100,000.00- Fall Down- Knee surgery

The plaintiff, who was retired and had a 30 year history of knee problems, suffered injuries to his hip and shoulder, and also aggravated his prior knee condition. Prior to the accident, the plaintiff was told he needed total knee replacement. This did not occur until after the accident. Karen Alegria from Brian Cunha & Associates was able to successfully argue that he suffered a permanent impairment as a result
of this accident and the total knee replacement surgery, despite his preexisting need for knee surgery.

11/10/16 Settlement $90,000.00 Rear-End Motor Vehicle Accident, Rte. 195, Warwick, R.I.

The plaintiff initially suffered neck and head injuries as a result of a motor vehicle accident on Rte. 195, in Warwick Rl. Imaging revealed that he had significant degeneration in his spine. As a result of persistent problems with sensation down his right arm, he eventually had carpal tunnel release surgery. A cervical MRl taken several months after the accident also revealed a
protruded disc herniation. The plaintiff only lost minimum time from work and was able to
return to his full duties.

8/20/16 Settlement $90,000.00 Chouinard v. Costa and Nerney Motor Vehicle accident

On December 5, 2014, Mr. Chouinard was stopped on Gardners Neck Road in Swansea the traffic light at a 4 way intersection, intersecting Route 6 (GAR Highway) and Gardners Neck Road, when his vehicle was struck by a vehicle operated by Nerney, who was traveling East on Route 6. Nerney claims he was cut off by Costa who was attempting to cross route 6. Nerney was given a citation by the Swansea Police Department. All three vehicle sustained significant damage with moderate injuries to the occupants.


The Swansea Fire Department heavy rescue truck responded to the scene of the accident. Upon arrival they observed heavy damage to the motor vehicles with air bag deployment, 18″ to 24″ intrusion of Mr. Chouinard's drivers side door and cracked windshield. Mr. Chouinard was found seated inside his vehicle by recue complaining of left sided chest pain, left flank pain, rib and back pain and taken to the emergency room art RI Hospital

On arrival at Rhode Island Hospital, examination revealed that Mr. Chouinard was suffering from (4) non-displaced rib fractures. Mr. Chouinard was admitted to Rhode Island Hospital and remained an in-patient for the next three (3) days.

Once Mr. Chouinard was stabilized and able to tolerate a diet and his pain was controlled, Mr. Chouinard was assessed and it was determined that he was stable and could be discharged. Mr. Chouinard was released from the hospital with pain medications and instructions: to ambulate regularly; continue deep breathing exercises On December 18, 2014, Mr. Chouinard was seen at the trauma clinic by Dr. Leonid Cherkassky. He reported that he felt better . He experienced no shortness of breath. Examination revealed that his lungs were clear and his chest showed no signs of distress.

Over the next few months, Mr. Chouinard began to heal, however continued to experience pain on his left side when he slept on his left side, walking or bending. As a result of this ongoing discomfort and pain.

Mr Chouinard contacted Btrian Cunha & Associates to represent him in this case. Our office filed suit as eah of the two parties claimed that they were not responsible for the accident. Upon review and Deposition testimony we were able to convince the insurance companies that both parties were liable for the injuries; Mr Costa because he failed to give way and Nerney who was travelling too fast. Based on the above the case settled for $90,000.00 with both insurers contributing to the settlement.

4/6/16 Settlement $85,000.00 – Passenger-Motor Vehicle-Bus Accident

On August 5, 2014, Annabella, 76, a front seat passenger in an automobile operated by her friend, Patricia, was struck head on by a van owned by Tremblay Bus Company.

The New Bedford Police and Fire Department were called to the scene of the accident. Emergency medical technicians found Annabella sitting on the sidewalk being aided by the police and her friend. Anabella complained of chest pain due to the airbag being deployed, as well as nausea and anxiety. A cervical collar was applied and Annabella was transported to St. Luke's Hospital emergency room.

In the emergency room, she complained of pain to the center of her chest. X-rays of the chest revealed a mid sternal fracture and pulmonary contusions and transferred to Rhode Island Hospital for further care.

At the hospital she was stabilized and she was discharged home-with VNA services.

Annabella made steady progress and was discharged from her formal physical therapy, in-home program and on September 16, 2015 was discharged from occupational therapy, as having met all of her treatment goals and being able to tend to her activities of daily living with little to no assistance from others.

After suit was filed, Attorney Nelia DeStefano, a partner in Brian Cunha & Associates, was able to enter into a fair settlement with the Bus Company insurance Company for the sternal fracture suffered by the Plaintiff.

3/20/16 Settlement $100,000.00 – Motor Vehicle Accident

On March 4, 2015, Mr. Perry was a passenger in his company vehicle which was being driven by his wife Suzanne, who were on their way to dinner, when a vehicle operated by John Rigney rear ended the Perry vehicle catapulting their vehicle into oncoming traffic, causing them to strike another vehicle head on. Mr. Perry sustained a nasal fracture and a fractured right arm which required casting for six (6) weeks. The pain medication prescribed to Mr. Perry for his serious injuries, impeded his ability to operate a motor vehicle. Further, Mr. Perry is right hand dominant and was unable to work with a cast, thereby disabling him from his work as a computer technician.

Mrs. Perry was also injured in the motor vehicle accident, sustained a head injury, eye lid laceration and several rib fractures. Mrs. Perry continues to treat for these injuries and is taking medication for a seizure disorder which resulted from this motor vehicle accident.

The driver responsible for the aforementioned accident, had liability insurance coverage available on his automobile insurance policy only in the amount of $100,000.00 which was divided between by the three (3) injured victims. Mrs. Pyatov, the third victim, was represented by another attorney. Brian Cunha and Associates is now pursuing a claim for the Plaintiffs under the underinsured portion of their own policy, which is pending.

The moral of this case is to be certain that you have additional protection and coverage under your the underinsured portion of your own auto policy in the event that the party at fault, as occurred here , does not have adequate coverage to pay you for the injuries s that you incurred

3/1/16 Settlement $75,000.00 – Motor Vehicle Accident

The plaintiff, 64, was involved in a minor rear end accident in 2014, with little property damage to either vehicle. The plaintiff contacted Brian Cunha & Associates to represent him in this case. At the time of the accident the Plaintiff claimed he twisted his knee. A later MRI revealed that he had a partially torn meniscus, however it also revealed that he had extensive pre-existing arthritis in his knee and had complained of knee pain prior to the accident. The Insurance company argued that the source of the tear had nothing to do with the car accident and was caused by his arthritic disease. Nonetheless our office sent the Plaintiff for an independent Medical examine who opined that the injury was as a result of the car accident and our office was able to convince the insurer to settle the claim for a fair amount.

2/5/16 Settlement $75,000.00 – Products Liability

The female Plaintiff, age 73, was diagnosed with cancer in 2003. As a result of the cancer diagnosis she suffered from bone loss for which she was administered a medication that would strengthen her bones. Unfortunately, an undisclosed side effect was the potential for osteonecrosis of the jaw, which in her case occurred. Brian Cunha & Associates claimed that the defendant failed to adequately warn the Plaintiff and her doctors of the side effects of this medicine. The case was settled at a mediation with Paul Finn at Commonwealth Mediation shortly before trial.