CIVIL LITIGATION
What is “civil” litigation?
Civil litigation is the process by which your rights and responsibilities are determined through the civil side of the court system. Generally speaking, every lawsuit that is not criminal is civil.
We have represented plaintiffs and defendants in all sorts of cases, such as disputes between landlords and tenants, car accidents and personal injuries, sexual harassment cases, collections, divorce and child custody, construction disputes, will contests, real estate disputes, business disputes and others.
Here are a few examples of cases that we litigated and some of the results we obtained:
Case 1:
Zerega v. Zerega. This case dates back to March of 1998. In 1998, Alfted Zerega Sr. was 82 years old and dying of cancer. Alfred had a wife, Eleanor, to whom he was happily married for 37 years. Alfred also had five children from his first marriage. Alfred’s children were already adults when Alfred had married Eleanor.
Alfred had never had a Will. And in the weeks prior to his death, Alfred was hospitalized, weakening, heavily medicated, and dehydrated. Alfred’s eldest son, arranged to have a trust drafted which gifted substantially all of Alfred's estate (approximately $500,000.00) to an irrevocable trust, which was controlled by the son, and which disinherited two of Alfred’s children. The trust also assured that Eleanor would be deprived of her statutory (1/2) share of her husband’s estate.
We took the case on behalf of Eleanor and the Estate of Alfred Sr. At trial, we proved that Alfred’s son exercised undue influence over his father and that Alfred Sr. lacked the mental capacity necessary to have understood the trust document. The judge declared the trust void.
Click here to read the decision in Zerega v. Zerega
Case 2:
We represented the purchaser of a home who alleged that the seller misrepresented the extent of the flooding that occurred at the property. As a result of the constant flooding, the new homeowner had to have the home lifted off its foundation, have a new foundation poured, and have the house placed back on the new foundation.
Result: We tried the case and obtained a judgment against the seller in excess of $100,000.00 to pay for the repairs.
Case 3:
We represented a 61 year old driver who was broad-sided by another car at an intersection. Our client was unconscious for several days and awoke in the hospital with no memory of the accident itself. He had sustained a broken jaw, which required his jaw to be wired shut for several weeks, a broken rib, as well as various cuts and lacerations. He also began to suffer from depression and anxiety after the accident.
Result: With the help of a professional mediator, a settlement was reached prior to trial in the amount of $350,000.00. The client was able to retire early.
Case 4:
We were referred a case from another attorney, who had obtained a civil judgment in the amount of $10,000.00, a full 18 years earlier. The case was originally against a teenage boy and his parents stemming from the assault and rape by the boy of a teenage girl. The attorney had attempted to collect the debt over the years, and even had the rapist arrested in college and brought to court, but the attorney couldn’t locate any assets. Result: Within a few weeks of taking the case we located assets and began a sheriff’s sale of the debtors’ assets. We collected every last penny that was owed to the client, who was by then in her thirtees. Over $32,000 in principal and interest was paid. The client used the money to relocate to Florida and put a down-payment on a house.
If you think you may need representation in a civil lawsuit, contact Ray Jennings or call 781-337-3999
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