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Robert A. D'Amico II Named Lawyer of the Year

Success Stories

D'Amico · Burchfield Wins $2.8 million Award for Man Injured in Horrific Car Accident - One of the Largest Personal Injury Awards in RI History

A Providence County Superior Court jury has returned a verdict of $2.1 million in a personal injury trial. The case involved a man who was severely injured in a car accident in September of 2003. The man was a passenger in a vehicle that hit two telephone poles on Warwick Avenue in Cranston. The accident crushed his right leg and foot. The jaws of life were used to extricate him from the vehicle. Only through extraordinary efforts including 8 surgeries were doctors able to save the man’s leg. The injury left him with multiple metal rods and pins in his leg, a permanent limp, limited mobility in his ankle, and a 22% full body impairment. The $2.1 million jury award followed an intense five day trial and is believed to be one of the largest in a personal injury case in many years. With interest, the verdict totaled almost $3 million. D’Amico • Burchfield utilized state of the art technology for visual presentation and introduced extensive medical testimony from orthopedic and plastic surgeons to allow the jury to clearly visualize the magnitude of the injury.

Utility Settles Residents’ Suit Over Mercury Spill

The gas company Southern Union will pay an undisclosed amount of money to 90 Pawtucket residents in a confidential settlement of a federal lawsuit stemming from a 2004 mercury spill, the residents’ lawyer said
Friday.

Residents sued in U.S. District Court, Providence, after some local youths in 2004 broke into a building at 91 Tidewater St. that was owned by Southern Union, the Texas-based utility. The youths found liquid mercury being
illegally stored in a locked cabinet in a vacant building; they smashed jars of the substance and dumped a container of it at the nearby Lawn Terrace Apartments. The ensuing cleanup cost the company $6.6 million.

Clean Harbor Environmental Services, an environmental firm hired by Southern Union to clean up the mercury spill, is also contributing to the settlement.

In October 2008, Southern Union was convicted by a federal jury on one count of illegally storing liquid mercury without a permit but was found not guilty on two other counts. Prosecutors had accused the company of failing to
report the mercury release on its property.

Mercury is a toxic substance that can affect the central nervous system.

According to court records, sentencing, which was slated for earlier this year, has not happened. Southern Union this year filed a motion seeking a new trial. U.S. District Judge William E. Smith ruled July 9 that the maximum
fine that can be imposed in the criminal case is $38.1 million (at the maximum rate of $50,000 a day).


Southern Union sold its Rhode Island holdings — New England Gas Company — to National Grid in 2006. National Grid is not a defendant.

D'Amico • Burchfield, LLP wins a $340,000 jury verdict for Burrillville woman injured in a motor vehicle accident.

A Providence County jury awarded a Burrillville woman, who was permanently injured in an automobile accident, over $340,000.00. The motor vehicle accident happened on June 23, 2004 at the intersection of Routes 7 and 102 in Burrillville, RI. The client had been extremely active before this accident and her injuries changed all aspects of her life. On behalf of the defendant, Allstate Insurance Company admitted that it’s insured driver was at fault for the accident but maintained that our client suffered only a minor neck injury and had no injury to her shoulder. The jury verdict came after a 5 day trial and 1 hour of deliberations. The verdict was for $200,000; with interest totaled $340,515.00.  Allstate Insurance Company offered only $50,000 to settle the case prior to trial.