A $256,000 settlement has been reached in a Massachusetts motor vehicle negligence case after a mattress delivery led to a rear-end collision in a private driveway.
© Tanasin Srijaroensirikul | Dreamstime
The plaintiff had ordered a mattress from Mattress Firm. During delivery, as the plaintiff moved his vehicle to make space, the delivery truck reversed into it. Following a dispute, the driver fled the scene.
The defendant's insurer contested liability, claiming both drivers had been backing up and arguing comparative negligence. It further asserted that the plaintiff's pre-existing back injuries were unrelated, despite medical evidence linking the exacerbation of those injuries to the crash.
Plaintiff's counsel argued that fleeing the scene of a collision could be deemed criminal, calling for a negative inference against the defendant if the matter had gone to trial.
The plaintiff sustained a surgically repaired structural neck and upper back injury, with radiating pain into his extremities, in addition to aggravation of earlier injuries. Special damages amounted to $77,000.
The case, Hickey v. Mattress Firm, was settled on 23 January 2025. The plaintiff was represented by Nolan Young and Joseph M. Orlando Jr. of Orlando & Associates, Gloucester.
Source: www.masslawyersweekly.com
