Car Accident Resulting in lumbar Radiofrequency Ablation

Exacerbation of previously existing low back injury—Motor Vehicle Accident: In 2014 our 32 year old client was involved in a mild impact rear-end accident that resulted in $700 in vehicle damage. The client sustained multi-level herniated discs in her lumbar spine. She underwent 3 lumbar epidural steroid injections and a round of radiofrequency ablation. The insurance company contested the causal link between the accident and the client’s injuries and treatment.

Case Results: Attorney Brendan J. Noonan was able to negotiate a settlement.

Motor Vehicle Accident – Alcohol Involved

Nasal Fracture Deviated Septum: In 2015 our 20 year old female client was traveling as a front-seat passenger in a Jeep. The roads were covered in snow and ice. The driver intentionally started drifting his Jeep when he lost control and crashed into a tree. Client struck her face on the dashboard and her nose started bleeding instantly. Rather than drive the client to the hospital the 21 year old driver proceeded to drive to a new years eve party. Upon arriving at the party the driver told the client to stay in the car. Several minutes later he exited the house with some tissues and got back in his jeep. He gave the client the tissues and then proceeded to drive the client to her house. It took the driver 45 minutes to get to the client’s house. On the drive they passed a Hospital but the driver did not bother bringing the client to the emergency room. Instead he dropped her off at her home and then he left. During the course of his investigation Attorney Brendan J. Noonan learned that the driver had been drinking earlier in the day. Attorney Noonan also worked with an Ear, Nose and Throat specialist to document the nature and extent of the nasal fracture and deviated septum injury. The client incurred $3,500 in medical expenses.

Case Results: Attorney Brendan J. Noonan was able to negotiate a settlement.

Slip and Fall/Automatic Door Accident

On April 21, 2008, Client was entering a department store when the automatic sliding doors suddenly closed causing her to fall to the ground. Client sustained a compression fracture to L1 and L2. Client had a complicated and extensive medical history, which included a multitude of pre-existing medical conditions. Previously, Client suffered from a lower back injury in which an MRI revealed a compression fracture to the end-plate of L-3. At Mediation, Insurance Company argued that the Client’s compression fracture at L1 and L2 was attributable to her pre-existing compression fracture at L3. Attorney Patrick J. Noonan established that the slip and fall caused a new injury (compression fracture to L1 and L2) that was separate and distinct and completely disassociated from the pre-existing compression fracture at L-3. In addition, Insurance disputed liability arguing that the automatic sliding doors were open and obvious to the Client.

Case Results: Case was settled at mediation.

Child on Bicycle Struck By Motor Vehicle

On July 13, 2003, Client was struck by a motor vehicle while she was riding her bicycle. She sustained a fracture of the left medial malleolus and a fracture to the left ankle, which required surgery. The case settled with the bodily injury carrier for the policy limit. Our law office pursued a claim against the under-insurance carrier seeking the policy limit because Client sustained a left knee injury, which also required surgery. The under-insurance carrier denied that the left knee injury was causally related to the car accident because the Client did not complaint of left knee pain until 15-months after the accident.

Case Results: The case was settled after arbitration.

Commonwealth v. John Doe

CRIMINAL COMPLAINT FOR OPERATING A VEHICLE WITH A SUSPENDED LICENSE SUBSEQUENT OFFENSE DISMISSED AFTER CLERK’S HEARING.

Defendant had a very bad driving record riddled with driving offenses and convictions of operating with a suspended driver’s license pursuant to G.L. c. 90, §23. This was a subsequent offense for driving with a suspended license. He had been previously charged with being a Habitual Traffic Offender per G.L. c. 90, §22F. He had also served jail time for driving-related offenses. Defendant’s prior attorney was unable to get the criminal complaint dismissed, so he hired our law firm.

Result: Although the Defendant had a poor driving record, he had taken substantial steps to prove that he would be a responsible driver. We continued his clerk’s hearing in order to give the Defendant time to remedy his driving-related issues. Defendant completed three driving retraining courses, and he paid all outstanding traffic tickets and fines. He refrained from operating a vehicle even though he was employed as a full time construction worker and he was forced to find alternate means of transportation to get to work every day. With this criminal complaint dismissed, the client is eligible to apply for the reinstatement of his driver’s license. We wish him the best.

Commonwealth v. John Doe

Brockton District Court

DOMESTIC ASSAULT & BATTERY CHARGE AGAINST FATHER WITH NO CRIMINAL RECORD DISMISSED ON THE DAY OF TRIAL.

Police were dispatched to the Defendant’s residence in response to a call for a domestic disturbance. Upon arrival, police spoke with the Defendant’s daughter who alleged that her father pushed her during an argument causing her to fall to the ground. Defendant was charged with Assault and Battery (G.L. c. 265, §13A).

Result: Attorney Patrick J. Noonan immediately requested a trial date intending to prove his client’s innocence. On the day of trial, the Commonwealth dismissed the case.

Commonwealth v. John Doe

NO CRIMINAL CHARGES FILED AGAINST SUSPECT INVESTIGATED FOR STEALING POLITICAL LAWN SIGNS.

The clients were being investigated for stealing political signs from the victim’s front yard. The police contacted the suspects and police sought to question the suspects for their potential involvement in the theft of the political signs. While being the target of the investigation, clients contacted our law firm for representation. Our law firm interceded in the investigation and ensured that no criminal charges would be filed.

Commonwealth v. John Doe

Plymouth District Court

UNLAWFUL POSSESSION OF ASSAULT WEAPON: DISMISSED

THREATS TO COMMIT MURDER: DISMISSED

IMPROPER STORAGE OF A FIREARM: GUILTY, PROBATION

Defendant, a Plymouth resident and commercial lobsterman, was a front seat passenger in a car driven by his wife. Defendant was extremely intoxicated and threatened to blow his wife’s brains out. Defendant proceeded to punch and elbow the passenger side window causing the glass to shatter. Defendant then jumped out of the moving vehicle. His wife called the police. Upon arrival to the scene of the incident, police found the Defendant lying on the ground, covered in vomit, and intoxicated. Defendant was transported to the emergency room. Laboratory tests showed the presence of alcohol and drugs. Defendant placed in a secured psychiatric unit of the hospital. Because the Defendant had a License to Carry Firearms, police went to his residence to secure all his weapons. Police located an assault rifle. Modifications had been made to the rifle causing it to be an illegal assault weapon. Police also located a magazine which had been illegally modified causing it to be in an illegal feeding device for the assault weapon. The magazine’s pin had been removed and modified to hold 30 rounds of ammunition. Defendant was interviewed by police where he admitted to making the illegal modifications. When searching his house to seize all his firearms, police were unable to locate a firearm that had been registered to the Defendant. Police were eventually able to locate the missing firearm in a kitchen cabinet. This firearm was not properly stored. Defendant was charged by the Plymouth Police with two counts of illegal possession of an assault weapon pursuant to G.L. c. 140, §121, threats to commit murder pursuant to G.L. c. 275, §2, and Improper Storage of a Firearm pursuant to G.L. c. 140, §131L.

Result: Attorney Patrick J. Noonan filed motions to suppress key evidence in the case. First, Attorney Noonan sought to suppress the Defendant’s confession to committing the crimes on the grounds that his statements were not voluntary due to his alcohol and drug intoxication and psychiatric conditions. Second, Attorney Noonan sought to suppress the search of the Defendant’s home because his wife did not have legal authority to consent to the search and seizure of the Defendant’s personal property. Prior to litigating the motions to suppress, the Commonwealth offered to dismiss all charges except for the misdemeanor offense of Improper Storage of a Firearm to which the Defendant pled guilty and was placed on probation for one year.

Commonwealth v. Jane Doe

AFTER A CLERK MAGISTRATE HEARING, CRIMINAL COMPLAINT FOR ASSAULT & BATTERY WITH A DANGEROUS WEAPON TO BE DISMISSED IN AUGUST OF 2021 IF NO FURTHER INVOLVEMENT WITH THE LAW.

Police sought a criminal complaint against the Defendant for Assault & Battery with a Dangerous Weapon (G.L. c. 265, §15A) stemming from a physical altercation at the beach between several parties. It was alleged that the Defendant kicked the victim during a fight. The victim alleged that the Defendant attacked the victim, and the victim’s friend, at the beach. The Defendant, however, alleges that she was attacked by two people, including the victim, and she acted in self-defense. The Defendant was the only person charged by the police. However, Defendant brought criminal complaints against the victim and the victim’s friend for Assault & Battery, alleging that they were the true aggressors and the Defendant acted in self-defense. All cases were consolidated into one Clerk’s Hearing.

Result: Through an agreement with all the attorneys, the criminal complaint against the Defendant was Assault & Battery with a Dangerous Weapon was held open until August of 2021. If the Defendant stays out of trouble, the criminal complaint will be dismissed in August with no finding of probable cause or any adverse finding against the Defendant. If there are no further issues, this felony complaint will be dismissed and the client will have no criminal record as a result of this incident.

Police Dept. vs. John Doe

FIREFIGHTER’S LTC WAS SUSPENDED DUE TO ALLEGATIONS OF SEXUAL ASSAULT, BUT ATTORNEY PATRICK J. NOONAN GETS HIS CLIENT’S LTC REINSTATED.

Client has been a longtime firefighter and paramedic. He is a veteran of the U.S. Navy. The client was embroiled in a bitter, contentious divorce and custody battle with his ex-wife. His LTC was suspended after his ex-wife went into the police station and reported that the client had been physically, emotionally, and sexually abusive throughout their marriage. The ex-wife also called the Chief of Police and requested that the client’s LTC be suspended due to his alleged history of abuse, and she did not feel safe with him possessing weapons. As a result of the ex-wife’s allegations, allegations including a multitude of many serious criminal offenses, the police department suspended the client’s LTC.

Result: Attorney Patrick J. Noonan immediately appealed the LTC suspension. Attorney Noonan negotiated with the Attorney for the police department and presented extensive evidence of his client’s character and suitability, and Attorney Noonan pointed out issues surrounding the wife’s allegations. After months of negotiation, the police department agreed to reinstate the client’s LTC.