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Dias, Brian M.

Name:Dias, Brian M.
Practice In: Accident & Injury ,Personal Injury
Law Firm: Law Offices of Dussault & Zatir P.C.
Location:New Bedford Office 1015 Kempton Street
New Bedford, MA 02740
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Fax: 508-999-2949
http://www.dussaultandzatir.com
 

Rick is head of the General Liability Practice Group in the firm's Ft. Lauderdale office. He handles cases involving the entire spectrum of commercial general liability policies: slip and falls, products liability, automobile accidents, trucking and transportation litigation, negligent security, construction site accidents, and construction defect claims. In this capacity he handles the significant exposure cases and oversees all general liability files in the office.  

Prior to joining Marshall Dennehey, Rick spent the majority of his career as in-house counsel for insurance carriers. Rick spent ten years as in-house counsel for an auto liability carrier where he set up and organized their in-house defense operations. In that capacity he tried liability cases and handled actions for declaratory relief dealing with policy cancellations, coverage denials, and interpretations of policy provisions.

Rick then spent over a decade as staff counsel for Travelers Property and Casualty, handling general liability cases in the Ft. Lauderdale tri-county area. At Travelers he received designations to handle both Major Case (exposure exceeds $500,000) and Construction Defect litigation.

In 2004 he joined Marshall Dennehey's Ft. Lauderdale office as a shareholder in their Casualty Department.

Significant Representative Matters

  • Roseman v. Town Square Association, Inc., 810 So2d 516 (Fla 4dca 2001). The Plaintiff was a visiting nurse to a resident of the Defendant's condominium. Plaintiff claimed she was struck by a faulty door, resulting in injuries to her right arm with the development of "Complex Regional Pain Syndrome" (RSD) that resulted in the total loss of use of her arm. The case was defended on the basis of the reasonable maintenance of the property and the comparative negligence on the Plaintiff in causing her own injuries. There was a verdict of no liability.

  • Plaintiff was injured when a cue ball flew off the pool table, hitting a pool stick, which struck the Plaintiff in the eye. Medicals were $30,000. Plaintiff claimed that the customers' tables were too close to the pool table. Plaintiff sustained a detached retina and a traumatic cataract, resulting in multiple surgical procedures and a partial loss of vision. Defense verdict of no liability based on the unforeseeable nature of the accident.

  • Plaintiff, a 24-year-old suffering from mental retardation, was residing in an assisted living facility specializing in clients with developmental disabilities. Shortly after being admitted, he died from an alleged overdose of his medications. Mr. Ravine represented the facility at trial. His defense focused on the facility's procedures for administering medications and the scientific basis of the coroner's determination of the cause of death. Plaintiff's lowest pretrial demand was $250,000. The case settled on the last day of trial for $85,000.

  • Represented the contractor responsible for reconfiguring the toll plazas on the Florida Turnpike. The Plaintiff was a police officer participating in a funeral procession for a fellow officer slain in the line of duty. Plaintiff was riding his motorcycle when he lost control and was struck by another officer who was also on a motorcycle. Plaintiff alleged the maintenance of the traffic plans were defective, causing an abrupt change of lanes. The case was defended on the theory that the design was proper and the accident was due solely to Plaintiff's failure to be alert to the road conditions. Defense verdict of no liability.

  • Represented a nursing home in a wrongful death action. Plaintiff's daughter claimed the nursing home failed to meet reasonable standards regarding the medical care of the Plaintiff's elderly father. The decedent was suffering from Alzheimer's and, while at the nursing home, developed bedsores, contractures, and ultimately died after a series of progressive amputations of his lower extremity. The case was defended on the basis that the patient's problems were the natural result of the end processes of his life. Defense verdict.

  • Plaintiff's four-year-old son drowned in an irrigation ditch on the Defendant's farm. Plaintiff alleged the fence surrounding the property was in disrepair, and Defendant argued the mother failed to keep a proper lookout over her son. At trial the Plaintiff was awarded a gross verdict in the amount of $ 300,000 which was reduced by her comparative negligence of 60%.

  • Plaintiff, a 14-year-old, was the victim of a homosexual assault in the men's restroom in the Defendant's office building. The Plaintiff alleged that the Defendant failed to provide reasonable security for the halls and bathrooms. The Defense argued that security was reasonable and that the attack was unforeseeable. The jury agreed.

  • Obtained a summary judgment in a UM case filed against a trucking company for injuries sustained by the driver when the truck was hijacked. The driver was thrown into the trunk of a car, driven from Jacksonville to Miami, and dumped on the side of the road.

  • Defended a trucking company and it's driver from a claim for injuries when the plaintiff had stopped suddenly to avoid colliding with a truck which had rolled over after experiencing a front tire blowout and came to rest with the trailer blocking the road.
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