Joseph McManus | Grafton Personal Injury Lawyer

$214,000 Settlement

Attorney McManus recovered $214,000 at arbitration for a woman who was injured when she was struck by the rearview mirror of a pickup truck during trick-or-treating hours on Halloween. The Defendant and his insurance company argued that the injured woman was at fault because she was wearing dark clothing and standing on the edge of the roadway.

Substantial Settlement

Attorney McManus obtained a substantial confidential settlement for the estate of a 60-year-old woman who died as a result of multiple drug toxicity. Experts on both sides agreed that the main drug that contributed to the woman’s death was a narcotic cough medication. The toxicology report indicated that the woman had taken far more of the cough medicine than had been prescribed. Attorney McManus sued the doctor who prescribed the narcotic cough medicine to the woman after a reported adverse reaction. The defense lawyer argued that the woman had a long standing history of COPD and that the narcotic cough medicine was necessary to control her cough. The defense argued that the reported reaction was sleepiness, which is a common side-effect of the medication. Attorney McManus was able to overcome these arguments and demonstrate that it was dangerous to have prescribed the narcotic cough medication to the woman after a reported adverse reaction and in the absence of any active complaints of cough. The confidential settlement prohibits the disclosure of the settlement amount.

One Million Dollar Settlement

Attorney McManus obtained a one million dollar settlement on behalf of a man who was suffered a serious foot injury when a driver fell asleep at the wheel and struck his vehicle head on. This settlement reflected the full amount of the Driver’s insurance coverage and the balance of the client’s Umbrella Insurance Policy. The client’s insurance company initially attempted to deny coverage because the client had not specifically selected that his umbrella policy would apply to underinsured motorist cases. Attorney McManus was able to convince the company to change their position and offer the full amount of coverage under the umbrella policy.

Nearly 7.8 million dollars was awarded

Attorney McManus obtained a jury verdict of nearly 7.8 million dollars for the estate of one of two men ejected from a van during a single vehicle rollover collision and killed. The estates of both men sued each other claiming that the other man was the driver. Attorney McManus’ client was listed as the driver of the van on the official police report because of a statement to the investigating officer by the men’s employer. The two lawsuits were consolidated, and a lengthy trial was conducted on the issue of the identity of the driver. At trial Attorney McManus was able to discredit the statement by the employer as well as multiple expert witnesses who testified that Attorney McManus’ client was likely the driver based on a model designed to calculate the trajectories of people ejected during rollovers. Attorney McManus hired the expert who designed the ejection model. He testified that the adverse experts had made fundamental mistakes in applying his model and that a correct application of his model was inconclusive as to the identity of the driver. Attorney McManus then convinced the jury that the facts and witness testimony demonstrated that his client was the passenger. The responsible insurance company refused to offer any money to settle the case before the verdict. After the verdict, the insurance company refused to offer more than 1.5 million dollars to settle the case, so a second trial on the issue of damages was conducted. The second jury returned a verdict of nearly 7.8 million dollars after trial.

$235,000 Settlement

Attorney McManus negotiated a $235,000 settlement on behalf of the family of a man who had committed suicide one day after he was evaluated for a mental health crisis at an emergency room. Attorney McManus argued that the man’s behavior and state of mind should have led the crisis evaluator to recommend an involuntary admission.