The Aftermath
Feature 1
Nearly 6 years later, in February of 2025, I wrapped up what should be a nail in this coffin, and a coffin it was.
I was loved, taken care of, attended to, supported by a great deal of people, in big and small ways.
I moved, 5 times. A fresh start, I had hoped.
I flew back to Western Mass for trials, court dates, depositions, testimonies, meetings.
I filed a civil suit against the Dunkin’, seeking damages.
I wanted to get better, after everything got really bad. (It’s funny that getting better seems to hurt you in legal matters).
Feature 2
Come to find out, the woman who was in the fight was an ex-employee at that Dunkin’. Come to find out, she was a regular there, would get occasional freebies, knew the people on shift that day.
Come to find out, my near-killer would testify at my civil suit, in shackles, saying that they had been drunk when they got to the Dunkin’, that they had been there for an hour before my brother and I got there. Come to find out, they had been arguing and fighting well beforehand, and when asked by opposing counsel why they didn’t just leave, he answered - “she wouldn’t listen to me, she wouldn’t come out…I thought the employees would kick her out”.
Come to find out, Dunkin’ hadn’t preserved the video of the couple there the hour beforehand - they got away on a technicality.
Come to find out, the proprietor of that large franchise of Dunkin’s didn’t review the footage of the hour leading up to our attendance, never saw it or the need to see it…or so he testified on the stand.
Come to find out, on the stand, the proprietor testified that they have no policy for drunken customers.
Feature 3
This case loomed over me for nearly 6 years. No offer to mediate, and one settlement offer of $25,000, about $10,000 short of the medical bills I would owe if I had any winnings.
My lawyer took the case on “contingency basis”, meaning if I won, he won some of my winning. If I lost, he got nothing. He had to see it as a winning case.
It went to jury trial - for a week, we were all brought to the stand to testify in front of a judge and 14 jurors. Sitting, sweating, in a suit and tie, hoping to be heard. Some days took everything out of me. Some days left me ecstatic - we were gonna win, I thought.
At the conclusion of the trial, the jurors deliberated over two days. They needed to answer “yes” to three questions, with a 12 of 14 majority to pass the “yes” -
Did Dunkin’ have the duty to provide a reasonably safe environment.
The Jury answered “yes”.Was Dunkin’ negligent in that duty?
The Jury answered “yes”.Was Dunkin’ a party to the cause of the incident (not the whole party, not the majority party, but a party to what had happened)?
The Jury answered “no”.
And just like that, the case was over in seconds. No appeal, no second chance. 6 years of work, and when I had taken it to the people who are supposed to make these things right, knowing full well that a dollar won’t undo the blood split, the tears cried, the nights awake in horror, the decision went again me, escorted out of the court room immediately. The validation I looked for in “we know this won’t fix everything, but at least we’ll take your side on this…this was completely preventable and shouldn’t have happened”, vanished. Done, gone. A somber walk back to my lawyer’s office, a brief exchange of a good-byes, a sweet sentiment from my lawyer “you’re a smart kid, and if this was 6 years ago, I’d take this case again. I’m sorry”. Hundreds of thousands of dollars at stake, and I left penniless. I left this whole thing alive (and thankful for that), but the wound deepened - yet another thing I hadn’t signed up for, hadn’t asked for, but had to bare the full weight and consequence of.