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Ben Zimmermann’s success for clients both in and out of the courtroom is the result of his in-depth understanding of the law and trial practice, his tireless attention to detail in developing the facts of a case, and his commitment to his clients. Practicing law for more than a decade, Sugarman’s co-managing partner has secured some of the largest personal injury verdicts for the firm’s clients.
Ben obtained two of the ten largest jury verdicts in Massachusetts in 2011, including a $20.6 million verdict against TRU for a defective pool slide in a case he tried with his partner Tom Smith. Ben’s practice is dedicated to the litigation and trial of personal injury cases, with an emphasis in the areas of product liability, medical malpractice, construction site accidents, and premises liability. He has also litigated, tried, and handled the appeal of cases aimed at obtaining insurance coverage for injured clients where coverage is disputed. Ben is a member of numerous bar organizations and committees, and is a regular lecturer at continuing legal education programs and to area law students.
Ben joined Sugarman as an associate in 2000 and became a principal of the firm in 2007.
Selected Cases
Pool slide fatality, Sugarman lawyers secured $20.6 million in punitive and compensatory damages for a Colorado man whose wife was critically injured from a defective pool slide sold online and in stores by Toys R Us. The slide was imported from China and did not comply with federal standards regulating swimming pool slides. The jury award is one of the largest personal injury verdicts in Massachusetts in 2011.
Quincy Mutual Fire Ins. Co. v. Quisset Properties, Inc., 69 Mass. App. Ct. 147 (2007), Sugarman attorneys represented a state trooper who was catastrophically injured when struck by a car registered to Quisset Properties and insured by Quincy Mutual. Quincy Mutual denied coverage for the state trooper’s injury claims on the basis that its insured (Quisset) failed to provided Quincy Mutual with necessary information about its business and, as a result, was in breach of the insurance contract. Sugarman attorneys intervened on behalf of Quisset and successfully argued on appeal that the insurance policy applied. As a result, they were able to obtain a sizable settlement, paid by two insurers including Quincy Mutual, for the state trooper.
Morgan v. Lab. Corp. of Am., 65 Mass. App. Ct. 816 (2006), Jury verdict against medical laboratory for negligently reporting test results leading to a patient’s permanent nerve damage. The Massachusetts Supreme Judicial Court rejected the medical laboratory’s appeal and affirmed the jury’s verdict won by Sugarman.
Injury to flight attendant, Jury award to a flight attendant who suffered a debilitating back injury after the plane she was in was struck by a mail cart while parked on the tarmac.
Failure to diagnose fetal distress, Settlement from obstetrician for brain-injured child for failure to perform C-section sooner.
Defective shopping center access road, Settlement for family of pedestrian killed after being hit by a car because of failure to install barrier or guardrail in a shopping center access road.
Defective aerial lift design, Settlement for the child’s family when young boy suffered severe brain damage that left him paralyzed, unable to speak or care for himself when an aerial lift truck he was riding in tipped over because of a defect in its design.
Christopher v. Father’s Huddle Cafe, Inc. et al., 57 Mass. App. Ct. 217 (2003), Verdict, including punitive damages, against the bar and its management company for failure to provide adequate security, resulting in the off-premises death of a patron. The verdict was upheld on appeal.