Altman Nussbaum Shunnarah Trial Attorneys Paul Budge and Alexander J. Katsaras won a $250,000 jury verdict in Middlesex County Superior Court for a man who suffered head and eye injuries in an attack that our team argued could have been prevented.
Threats Were Reported, but He Was Sent Back Anyway
In October 2017, our client was incarcerated at a Massachusetts correctional facility and assigned to work in its dining hall. On October 22, several inmates approached him there and threatened him with physical violence. He reported the threats to a corrections officer, who moved him to a different position in dining services.
Five days later, a different officer was on duty and ordered him back into the dining hall. Shortly after he walked in, two inmates attacked him.
At trial, our attorneys argued that the facility knew about the threats and still put our client back in the dangerous situation he had reported. The defense claimed our client was partly at fault and argued that he threw the first punch.
Injuries
The attack left our client with:
- A laceration to the head
- Bruises and abrasions across his face
- Scarring on the retina of his right eye, which limits his field of vision
He was treated by the facility’s medical staff and then taken to an area hospital for treatment of his eye. Because of the incident, he also lost his eligibility for institutional employment. That job could have shortened his sentence by one year.
The Verdict
After a five-day trial, the jury found the facility negligent and awarded $250,000 for our client’s past pain and suffering. The jury assigned 65% of the fault to the defendant and 35% to our client, which reduced the award to $162,500. A Massachusetts statute caps damages in claims like this one, so the final award was limited to $100,000. After trial, the court rejected the defense’s request to overturn the verdict.
Injured Because Someone Ignored a Known Danger?
Being incarcerated doesn’t take away your right to be kept reasonably safe. When officials know about a threat and do nothing, they can be held accountable. If you or someone you love was hurt because a warning was ignored, contact Altman Nussbaum Shunnarah Trial Attorneys for a free case review.
Past results do not guarantee a similar outcome in future cases. Every case is different.