While reports on auto accidents that tragically result in death tend to dominate the local news stations, the story does not end there. Reckless driving and negligent maintenance of roads and barriers can leave families of the deceased searching for answers. While courts cannot bring loved ones back, they can at least try to justly compensate these families for their losses. In the recent case of one Chicopee family, that compensation amounted to $20 million in damages, upheld per a Massachusetts Court of Appeals. Northampton, Massachusetts lawyer Paul S. Wienberg represented the family.
On November 28, 2010, 43 year-old Kimmy Dubuque was entering a Cumberland Farms in Chicopee, MA, when she was struck and killed by an SUV that had crossed an intersection at high speeds and ultimately rammed into the store. Kimmy died instantly, leaving husband Albert to bring a suit against Cumberland Farms on behalf of her estate. The suit alleged wrongful death as a result of Cumberland Farm’s negligent failure to provide adequate barriers that could have prevented Kimmy’s death. An initial $32 million award to Kimmy’s family was reduced to $20 million, which was upheld by a Massachusetts Court of Appeals on June 6, 2018. In addition to attorney Weinberg, Kimmy’s estate was represented by attorneys John J. Egan, Robert J. Lefebvre, and Stephen E. Spelman.
Because the lack of protection for pedestrians at the Cumberland Farms entrance had been well documented by patrons and employees alike, the Court found that Cumberland Farms had sufficient notice of the dangerous situation. Despite knowledge of the hazardous layout, management controlling the Chicopee location failed to install bollards that could have prevented Kimmy’s death, and as a result Cumberland Farms was found to be negligent in causing Kimmy’s death.
If a loved one’s death could have been prevented but-for the negligence of another, you may be entitled to significant monetary damages. To discuss your potential wrongful death claim and potential damages, act now and contact one of our expert wrongful death lawyers here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Call us today at 617-787-3700 or email us at firstname.lastname@example.org for your free and private consultation. Your needs are our top priority!