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Maguire v. Smith

Superior Court of Massachusetts, Suffolk

December 2, 2015

William Maguire et al.
v.
Matthew Smith Opinion No. 132503

MEMORANDUM OF DECISION ON JOINT PETITION FOR APPROVAL OF SETTLEMENT PURSUANT TO G.L.c. 152, sec. 15

Richard J. Chin, Justice

BACKGROUND

The plaintiff, William Maguire, has filed an action seeking damages against the defendant, Matthew Smith, for personal injuries arising out of a motor vehicle accident that occurred on February 25, 2015. The Plaintiff, Krysta Maguire, is William Maguire's wife and has filed a claim for loss of consortium.

The parties have filed a joint petition for approval of a settlement. The parties have agreed to settle this matter for $25, 000.00, which is the policy limit.

They have proposed the following allocation:

William Maguire for pain and suffering

$6, 250.00

William Maguire for lost wages and medicals

$6, 250.00

Krysta Maguire for loss of consortium

$12, 500.00

Liberty Mutual, the worker's compensation insurer, has filed an objection. Liberty Mutual has a workers' compensation lien and has paid over $20, 000.00 in benefits.

On November 18, 2015, the court held an evidentiary hearing. The only witnesses were William Maguire and Krysta Maguire.

FINDINGS OF FACT

After hearing, the court makes the following findings of fact.

On Thursday, February 26, 2015, the plaintiff, William Maguire, was in the course and scope of his employment with UPS traveling on Route 6A in Yarmouth, Massachusetts, when he was involved in a head-on collision.

He immediately experienced neck pain and pain into his left, dominant arm and hand. He was transported by ambulance to Cape Cod Hospital where he was treated and released, He was unable to work the following day (Friday), but returned to work on Monday. His symptoms did not improve. Instead, his symptoms worsened with activity. He sought treatment from his primary care physician, Dr. Moore, who referred him for an MRI and physical therapy. After Mr. Maguire attended three physical therapy sessions, therapy was discontinued as it was aggravating his symptoms.

Mr. Maguire was unable to undergo an MRI based on Dr. Moore's referral. Upon referral by UPS, Mr. Maguire began treating with Dr. Boyd. Dr. Boyd also recommended an MRI. The MRI was still denied by workers' compensation, but was subsequently approved. Approximately two months after the accident, Mr. Maguire underwent the MRI. After reviewing the MRI, his doctor recommended that he switch to light duty. He continued to work light duty until UPS declined to extend his light duty status. Thereafter, he began receiving weekly workers' compensation benefits. Currently, he remains disabled from his job with UPS. Following the MRI, Mr. Maguire was referred to Dr. Alan Murphy, a neurosurgeon who has operated on Mr. Maguire's neck several years before the accident of February 28, 2015. Dr. Murphy referred Mr. Maguire to Dr. Gannon for epidural steroid injections and an EMG, as did Dr. Boyd. A series of three epidural steroid injections was recommended.

Dr. Gannon performed a facet injection and one steroid injection, which improved Mr. Maguire's symptoms approximately 30%, but only temporarily. He is currently awaiting approval from the workers' compensation insurer for the additional injections that have ...


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