The tragic limousine accident in East Boston on August 21, 2016, in which one woman was killed and one woman was injured, is not the first serious accident involving the Entourage Livery service. Although Entourage Livery’s general manager issued a statement claiming, “We have been in the business since 1999, with no accidents ever on our record,” the company has actually been involved in at least one previous serious accident.
In 2012, Entourage Livery was found liable for a March 2010 accident. In that case the driver negligently discharged his limousine passengers across the street from their destination in a driving rain.
One young woman was seriously hurt when she was struck by a car as she attempted to cross the street. The case was handled by attorney Marc L. Breakstone of Breakstone, White & Gluck. The client recovered $697,000 for her damages. The following is a summary of that case.
In March 2010, our client, a 25-year-old woman, was a member of a bachelorette party that rented a limousine from Entourage Livery, Inc. for a night of barhopping and celebration. The group had purchased a “VIP Package” which entitled them to door-to-door service. At the time of the incident, the air temperature was in the mid-thirties. There was a wind-driven rain blowing at about 25 miles per hour. None of the women had rain gear, jackets or umbrellas, as they had expected door-to-door service. Immediately prior to the incident, the Entourage Livery, Inc. limo driver deposited the group across the street from the bar to which they were going. Each of the women got out of the limo and darted across Dorchester Avenue.
Plaintiff was the sixth woman to run across the street. Unfortunately, she did not make it. She was struck by a car driven by the co-defendant as she ran across Dorchester Avenue. She sustained massive facial lacerations as her head struck the windshield of the vehicle.
Plaintiff testified she looked but did not see the vehicle until her face was planted in its windshield. The driver testified he never saw plaintiff in the roadway until she was on his hood. Neither saw the other due to the severe weather and poor visibility at the time of the crash.
Plaintiff suffered severe facial lacerations to her mouth, chin and cheeks. Miraculously, she only suffered a non-displaced tibial fracture which required no treatment. She underwent three laceration repair/scar revision surgeries and was left with moderate facial scarring.
Entourage Livery, Inc. had an online training manual which stated that its drivers were never allowed to drop passengers in a place which would require them to cross the street to get to their destination. The manual stated that the driver should maneuver the vehicle so that passengers were dropped directly in front of their desired venue. Entourage Livery, Inc. claimed this was a customer service rule, not a safety policy.
Entourage Livery, Inc. moved for Summary Judgment on the theory that the company owed plaintiff no duty of care once she was discharged in a “place of safety,” namely, on the sidewalk across the street from their destination. The Court denied Entourage Livery, Inc.’s motion for Summary Judgment.
Plaintiff and Entourage Livery, Inc. agreed to submit the case to binding arbitration. Plaintiff settled separately with co-defendant operator of the vehicle which struck her for $25,000.00. Following a one-day arbitration which focused heavily on Entourage Livery’s legal defenses on scope and duty of care, the arbitrator found for the plaintiff, awarded $750,000 and reduced that amount by the 20% for plaintiff’s comparative negligence. Prior to the arbitration, the parties negotiated interest of 12% on the award. After adjustments for plaintiff’s comparative negligence and the 12% interest, the award totaled $672,000. Plaintiff’s net recovery totaled $697,000.
Read the case report on our website.
About Attorney Marc Breakstone
Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in New England. His record-setting settlements and verdicts have earned him the distinction of being selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. He has also been selected by his peers as one of the top medical malpractice plaintiff’s lawyers in the Super Lawyer balloting. In 2002, Attorney Breakstone was honored as one of ten “Lawyers of the Year” by Massachusetts Lawyers Weekly. More on Marc Breakstone.
About Breakstone, White & Gluck
The Boston personal injury attorneys at Breakstone, White & Gluck have over 100 years combined experience handling motor vehicle accident cases resulting in serious personal injury or wrongful death. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.