Real Cases. Real Results.
Kiselica Law Firm Will Fight For You
Let the outcomes speak for themselves. Read about some of the past cases and the successes I’ve had in helping accident and legal malpractice victims secure the compensation they needed to more forward with their lives.
Verdict Upheld by RI Supreme Court Upholds Nearly $2,000,000 Verdict
The Rhode Island Supreme Court upheld a trial court verdict of almost $2,000,000 for clients of Attorneys Michael J. Kiselica and Barry J. Kusinitz. The case challenged unauthorized transfers of properties in Providence County. Both sides had handwriting experts testify on the disputed issue of the validity of signatures. The trial court rejected the testimony of the opposing expert after a vigorous cross-examination by Michael Kiselica that showed he reached some of his conclusions before performing his analysis. The court ordered several valuable properties returned to our clients. On June 13, 2016, the R. I. Supreme Court affirmed the verdict. The Court specifically found the trial judge was justified in rejecting the opposing expert’s opinions. Click here to see a copy of Michael Kiselica’s cross-examination in Voccola v. Forte. The full Supreme Court opinion is here and the Superior Court decision here.
Auto Accident Settlement – Auto Accidents $650,000
Our client was driving a large truck loaded with steel reinforcing rods. He was about two years from retirement. His truck was struck head-on by a car that crossed the center line traveling in excess of 80 mph. Reinforcing rods slid forward and pierced the cab of the truck. They narrowly missed the back of his head which would have been fatal. Client’s neck and back injuries resolved quickly but he developed Post Traumatic Stress Disorder. He was unable to return to work due to PTSD, and had to retire early. The client lost two years of earnings, received a smaller retirement pension and suffered PTSD for an extended time. The case settled for $650,000 prior to trial.
Auto Accident Verdict – Auto Accidents $300,000
Our client’s car was hit head-on by a car that crossed the center line. He was in a coma for three days, but eventually recovered well. The owner of the car that struck him was in the passenger seat at the time of the crash. The driver, who the owner denied knowing, was killed. The owner’s insurance company denied responsibility saying the deceased driver had stolen the car. At trial, the owner testified he was sitting in his parked car when a man wearing a brown jacket forced open the door, pushed him to the side and began driving at high speed. The owner struggled with the driver until the accident happened. The first police officer on the scene found the brown jacket in the back seat. Mike Kiselica argued to the jury the driver’s story about a stolen vehicle was not believable. There was no way the driver could have taken his jacket off while struggling with the owner. The client was awarded over $300,000 with interest, well above the owner’s insurance policy limit.
Slip and Fall Settlement – Slip and Fall $110,000
Our client fell on ice that formed overnight at a department store entrance, breaking her ankle. The store argued she should have seen the ice and been more careful. We convinced the store’s insurer that entranceways must be safe for customers before businesses open. The case settled out of court for $110,000.
Slip and Fall Verdict – Slip and Fall $102,400
Client fell in a small convenience store and suffered back pain. The store had just washed the floor but did not put up a warning sign. Client was originally represented by a young personal injury lawyer with no trial experience. He tried to settle the case for $10,000. The store offered only $3,000, claiming client was responsible for her own injuries for not seeing the large freshly washed area. The young lawyer referred the case to Mike Kiselica for trial. The jury awarded $110,000 and found the client only 50 percent responsible. The award was reduced to $55,000, but after interest was added the client recovered $102,400.
Slip and Fall Verdict – Slip and Fall $55,000
Our client fell on a wet floor while shopping in a national retail store. The store manager investigated and found a small puddle of water with a mark in it where a shoe had slipped. The store denied responsibility on the grounds (1) we could not prove how the water got there and (2) it was such a small puddle the store could not have discovered it. Mike Kiselica proved that the most likely water source was residue left over from floor cleaning earlier that day. The jury awarded $55,000 for the client’s wrist injury.
Verdict $35,000 Settlement on appeal
Our client worked part-time at a national retail store. She was entitled to a 15% discount each week she worked. A one-week discount card was given to employees with their paychecks. The client took a week out of work to study for final exams. She purchased a $43.00 dress at her employer’s store. The clerk recognized her and asked for her discount card. When the client said she didn’t have one, the cashier processed the 15% discount anyway. She was soon arrested by an undercover store security worker for “shoplifting” the 15% discount. As her friends watched, she was read her Miranda Rights while the security workers flashed her badge. She was taken to the security office. This was witnessed by other store employees. She was questioned for 40 minutes by a store detective and a security supervisor. She was released but her dress was kept as “evidence”. No criminal charges were filed. At trial we proved our client paid the amount the cashier asked for and was given a receipt to prove it. If the store had a problem with anyone it should have been the cashier. We proved the store was extremely profitable and should be required to pay punitive damages. The jury awarded $27,500 and the case settled on appeal for $35,000. This case was about more than money. It was about a young lady who was humiliated in front of her friends and co-workers, and whose reputation was stomped on by her heartless employer. As the jury read the verdict vindicating her and punishing the store, she turned to Mike Kiselica with a big smile and relief beaming from her face. “We won!” she said.
Legal Malpractice Case Settled – Legal Malpractice $35,000.00
Client hired a well-known personal injury law firm in connection with injuries suffered in a fall at a bowling alley. While the claim was pending, the self-insured bowling alley went into bankruptcy. The law firm failed to file paperwork necessary to preserve the client’s claim in the bankruptcy court. The malpractice case against the law firm settled for $35,000.
Arbitration for Auto Accident Resulted in Higher Award – Auto Accidents
We represented a client in an auto accident arbitration that resulted in an award higher than anticipated. While signing her settlement check the client mentioned she was happier with Mike Kiselica’s work than her previous lawyer. He asked what happened and the client showed him a long abdominal surgical scar. She explained her vehicle was struck by a drunk driver, she suffered massive internal bleeding, lost her spleen, and lost function in one of her kidneys. She received only a small recovery. Mike Kiselica explained this was perhaps because the drunk driver and vehicle owner had small insurance policies. He advised the client to bring him the auto accident report so he could review it. When the client brought in the accident report Mike Kiselica saw the vehicle was owned by a large national company. There had to be more insurance coverage which the first lawyer overlooked. The case against that law firm settled just before trial for a confidential amount. This case shows the value of an attorney being completely engaged in their client’s case. Had Mike Kiselica delegated the routine task of signing a settlement check to clerical staff, the client’s legal malpractice case may not have been discovered.
Auto Accident Settled for a Confidential Amount – Auto Accidents
Our client was rear ended while she was stopped for crossing traffic. She was wearing a lap and shoulder harness seat belt. Soon after the accident she noticed that her left breast was deformed. The deformity increased over the next few weeks. The client’s plastic surgeon diagnosed a torn and deflated breast implant requiring immediate surgery. Client was left with new scars from the surgery, painful recovery time, and medical bills her health insurance would not cover. She experienced a great deal of emotional trauma throughout the ordeal. Her claim was settled for a confidential amount without having to go to court.
Awarded the Minimum Wrongful Death Amount – Wrongful Death
We represented the estate and survivors of a young man who was a convict in the state prison. He was shot in the head and killed by a prison guard mishandling a gun. He was transported to a hospital and kept on life support for a short while despite virtually no signs of brain activity. Because the convict had no earnings history and an extensive criminal record, our economist was unable to prove wrongful death damages higher than the Rhode Island minimum wrongful death recovery. The jury awarded the minimum wrongful death amount but added an additional $7,000 for the convict’s conscious pain and suffering prior to death. Mike Kiselica proved to the jury the convict suffered conscious physical pain and fright for a short time prior to death. This was in spite of evidence from the State Medical Examiner that the devastating brain injury rendered him instantly unconscious and the hospital found no significant brain activity. Mike Kiselica also proved the prison guard was acting in his job capacity, thereby making the State of Rhode Island liable for paying the judgment.
Case Settled for Confidential Amount
Our client was entering a restaurant when he was shot in the abdomen and leg by another patron. The restaurant’s insurer denied the claim contending the restaurant was not legally responsible for the criminal act of a customer. After filing the claim in court we were able to prove a prior incident where our client was attacked in the same restaurant by the shooter and his friends. Mike Kiselica pointed out the restaurant should have banned the shooter and failed to protect our client from a person it knew was dangerous and violent. The case settled for a confidential amount.