National Verdicts

Plaintiff(s):

Albert R. Dubuque, Jr. (Male), 

Estate of Kimmy Dubuque (Female, 43 Years)

Plaintiff Attorney(s):

Paul S. Weinberg;
Weinberg & Garber;
Springfield,
MA,
for
Estate of Kimmy Dubuque ■ John J. Egan;
Egan, Flanagan & Cohen;
Springfield,
MA,
for
Estate of Kimmy Dubuque ■ Robert J. Lefebvre;
Gelinas & Lefebvre, P.C.;
Chicopee,
MA,
for
Estate of Kimmy Dubuque ■ Stephen Edward Spelman;
Egan, Flanagan & Cohen;
Springfield,
MA,
for
Estate of Kimmy Dubuque

Plaintiff Expert(s):

Eino Thompson; Accident Investigation & Reconstruction/ Failure Analysis/Product Liability; Springhill,
FL called by:
Paul S. Weinberg, Stephen Edward Spelman ■ Joel Howe; Mechanical; Sutton,
MA called by:
Paul S. Weinberg, Stephen Edward Spelman ■ Paul Roland; Mechanical; Greenwich,
NY called by:
Paul S. Weinberg, Stephen Edward Spelman ■ Craig Moore; Ph.D.; Economics; Northhampton,
MA called by:
Paul S. Weinberg, Stephen Edward Spelman ■ James D’Angelo; Traffic; Watertown,
MA called by:
Paul S. Weinberg, Stephen Edward Spelman ■ Robert Reiter; Vehicle; Los Angeles,
CA called by:
Paul S. Weinberg, Stephen Edward Spelman

Defendant(s):

V.S.H. Realty, Inc., 

Cumberland Farms Inc.

Defense Attorney(s):

Richard P. Campbell;
Campbell Campbell Edwards & Conroy PC;
Boston,
MA,
for
V.S.H. Realty, Inc., Cumberland Farms Inc. ■ Richard L. Campbell;
Campbell Campbell Edwards & Conroy PC;
Boston,
MA,
for
V.S.H. Realty, Inc., Cumberland Farms Inc. ■ Diana A. Chang;
Campbell Campbell Edwards & Conroy PC;
Boston,
MA,
for
V.S.H. Realty, Inc., Cumberland Farms Inc.

Defendant Expert(s):

Jeffrey Croteau;
Accident Reconstruction;
Maynard,
MA called by:
Richard P. Campbell, Richard L. Campbell, Diana A. Chang ■ Richard Sypek;
Zoning;
Springfield,
MA called by:
Richard P. Campbell, Richard L. Campbell, Diana A. Chang ■ Sridhar Natarajan;
Forensic Pathology;
Phoenix,
AZ called by:
Richard P. Campbell, Richard L. Campbell, Diana A. Chang ■ Catherine Corrigan;
Injury Biomechanics;
Philadelphia,
PA called by:
Richard P. Campbell, Richard L. Campbell, Diana A. Chang

Insurer(s):

National Union Insurance (AIG) (Primary) ($1.5 million) Cumberland Farms

On Nov. 28, 2008, plaintiff’s decedent Kimmy A. Dubuque, 43, the manager of a Western Massachusetts civic center, was struck by a Ford Explorer sport utility vehicle, as she was walking into a Cumberland Farms convenience store located at 197 Grove Street in Chicopee. The driver of the vehicle, 81-year-old Edwin Skowyra, had been operating his vehicle northbound on Front Street. As he approached the intersection of Front Street and Grove Street, Skowyra accelerated, speeding through the intersection and into the Cumberland Farms parking lot, finally crashing into the front of the store. Skowyra exhibited symptoms of aphasia following the collision, and it was contested as to whether Skowyra had suffered a stroke prior to the accident. Dubuque was declared dead at the scene of the accident. Kimmy Dubuque’s husband, Albert R. Dubuque, Jr., acting as executor of the estate of his late wife, sued Cumberland Farms, Inc., and the owner of the property, V.H.S. Realty, Inc. V.H.S. was merged into Cumberland Farms, so the case proceeded against Cumberland Farms only. The estate alleged that Cumberland Farms was negligent in failing to install vehicle barriers or bollards in front of the store for the purpose of ensuring better safety for customers. The estate also alleged that Cumberland Farms maintained an apex driveway on the property, that is, a driveway entrance that has a direct line of travel with a street. The estate alleged that although the apex entrance was exempt from city zoning violations due to its grandfathered status, the city of Chicopee had asked Cumberland Farms to close the entrance on numerous occasions. The estate claimed that, if Cumberland Farms had replaced the entrance with barriers, the accident may not have occurred. The estate also sued Cumberland Farms for gross negligence, alleging that the company did not install vehicle bollards at the subject location, despite knowledge that its stores and pedestrians had been struck by vehicles at a rate of once per week over the course of 20 years. The estate claimed this showed that Cumberland Farms was persistently negligent in failing to install vehicle barriers. The estate’s traffic expert testified that Cumberland Farms’ parking lot was not properly designed, in that it failed to clearly define and separate pedestrian movements from traffic in the vicinity of the building’s doorways, and that vehicle barriers are the best form of segregating pedestrians from vehicular traffic. A second traffic expert testifying for the estate opined that vehicle bollards should have been used by the store and that such precautions would have had a great effect in stopping or re-directing Skowyra’s vehicle and preventing the deceased from being struck. The defense contended there was no law, requirement or code that required Cumberland Farms to install vehicle barriers or bollards. The defense also argued that, even with the existence of a guardrail at the apex entrance, the accident would not have been prevented. The defense’s accident reconstruction expert testified that, due to the high rate of speed at which Skowyra was traveling at the time of the accident, neither a barrier at the location of the apex driveway nor bollards in the front of the building would not have prevented Dubuque from being struck by Skowyra’s vehicle. The parties contested the speed at which Skowyra’s vehicle was traveling when it struck Mrs. Dubuque. The estate’s counsel argued that the vehicle struck her at a rate of speed of 57 mph, while defense counsel argued that the vehicle was traveling at 72 mph.

Kimmy A. Dubuque was pronounced dead at the scene of the accident. She was survived by her husband and a teenage daughter. The Dubuque estate sought recovery of damages for Kimmy Dubuque’s loss of life, and the loss of guidance for her daughter.

The jury rendered a verdict for the estate. The jury found that Cumberland Farms was negligent and that this negligence was a substantial contributing factor in Kimmy Dubuque’s death. The jury also found that Cumberland Farms’ conduct constituted gross negligence. The jury awarded compensatory damages of $32,369,024.30, and punitive damages of $10, for a total of $32,369,034.30.

Estate of Kimmy Dubuque: $10 Wrongful Death: Punitive Exemplary Damages; $32,369,024 Wrongful Death: compensatory damages

Judge:

Mark Mason

Trial Length:

2
 weeks

Trial Deliberations:

2
 days

Jury Composition:

10 female/ 2 male

This report is based on information that was provided by plaintiff’s counsel and information gleaned from court documents. Defense counsel did not return the reporter’s phone calls.