On June 23, 2012, Clients attended a banquet at the Waterclub in North Quincy, MA. A bouncer assaulted Client 1 by placing him in a guillotine-style chokehold causing him to lose consciousness temporarily. The bouncer then kicked Client 1 in the right side of the face with his shod foot. Bouncers dragged Client 1 outside onto the boardwalk where they proceeded to assault him, kick him, and punch, as he remained defenseless on the ground. Meanwhile, Client 2 came to his brother’s assistance and he was assaulted in the process by the bouncers as well in a similar fashion, forcibly taken him to the ground and kicking him repeatedly, as he was curled in a fetal position. Client 1 sustained a laceration to the right eyebrow, which required ten sutures, and a second laceration to the right upper eyelid, which required two sutures. In addition, Client 1 sustained a concussion and post-concussive headaches, which required follow-up neurological treatment, which affected his performance at work. Client 2 sustained a broken nose and a concussion. After presenting the insurance company with evidence on liability, the first adjuster represented to Attorney Noonan that the insurance company was conceding liability. Unbeknownst to Attorney Noonan, the first adjuster left the insurance company. The second adjuster assigned to the claim denied liability and Attorney Noonan sent a 93A/176D demand letter to the insurance company alleging bad faith and misrepresentation. As a result, the claim was assigned to a third adjuster, a litigation specialist. In response to the 91A demand, the insurance company extended a preliminary settlement offer of $65,000 to settle both claims. Attorney Noonan obtained four witness statements from independent witnesses witnessing the bouncer assaults on both clients.

Case Results: Through extensive and hard-fought negotiations, the Law Office of Gerald J. Noonan was able to increase the settlement to a final figure of $160,000 to settle both claims.