Client (a painter) charged with drunk driving second offense. Officer testified that he pulled the client over because he could not read the license plate due to paint partially covering one of the letters. We had our client bring the license plate into court. The officer agreed that the license plate was in the same condition as the night of the arrest. We walked to the farthest point of the courtroom from where the officer was testifying and asked the officer to estimate the distance (a license plate is required to be readable from 60 feet), the officer stated 100 feet. We then asked the officer to read the license plate to the judge, which he did without error. The judge found that the stop was illegal.
Client charged with possession of cocaine had his charges dropped after we successfully argued that the police officer lacked reasonable suspicion to stop his client after his client entered a building in a high crime area, with a known drug user, and left after a short period of time. Even though the officer found cocaine when he searched the client, the judge found that the search was illegal.
A 26 year old man was injured while attempting to escape his attic apartment during a fire. On the date of the fire, our client was a tenant living in an illegal attic apartment. The attic apartment had only a single exit (instead of two exits as required by the Massachusetts Building Code). On the night of the fire, the only exit stairway was engulfed in flames and our client was forced to jump out of the third floor attic window. He sustained a fractured left foot, fractured pelvis, left sacral fracture, fractures of the L4-L5 vertebrae and a non-displaced ulnar styloid fracture. We were able to recover against the landlord who had failed to maintain the building in compliance with the Massachusetts Building Code.
Client was a 30 year old woman who was injured when she fell from a 2nd floor balcony as a result of a poorly maintained railing. Our client suffered a fractured pelvis and permanent back pain which required the implantation of a permanent spinal stimulator. On the date of the accident, she was a tenant living in a multi-family dwelling in Springfield, Massachusetts. Alekman DiTusa, LLC successfully sued the owner of the apartment building and the property management company for failing to maintain the railing in a reasonably safe condition and for violating the warranty of habitability.
A 29 year-old retail sales clerk, suffered multiple fractures in his right leg and ankle in multiple vehicle collision which occurred on a three lane divided highway. The incident consisted of two separate collisions involving three vehicles. A sedan traveling in the far right lane collided with a tractor trailer which was traveling in the center lane. As a result of contact with the truck, the sedan spun across two lanes of traffic and came to rest against a guardrail in the left travel lane. Plaintiff was traveling in the left travel lane before the collision and struck the sedan traveling at 70 mph. We recovered the majority of the settlement from the owner of the tractor trailer.