In The News

The lawyers of Winburn Law Offices have won millions of dollars in verdicts and settlements. These verdicts include a $2.4 million verdict in Vermont Federal Court for a woman who was struck by an automobile while crossing a street in Manchester and an award of $1.1 million in Vermont Superior Court for a man who was struck by a truck while riding his motorcycle in Northfield, Vermont. Agreements reached by pre-trial settlement also include results in excess of one million dollars.

While most cases do not guarantee verdicts or settlements of this size, our record of success in court serves all of our clients in two ways. First, it helps compensate them for the injury and losses they suffered because of someone else’s irresponsibility. Second, it contributes to our ability to reach fair settlements for our clients. Opposing lawyers and insurance companies know our track record of success in court which helps assist them in their determination of a fair settlement value of our clients’ cases.

Here is what others have said about some of our cases over the years:

VTAJ Report of Settlements
Facts: 71 year old retired factory worker riding his bicycle south on Route 7 in Pownal near old dog track to get coffee at Stewarts. McLendon, employee of Pittsfield News, had finished his night shift delivering newspapers was returning to shop in employer’s van driving south on Route 7 approaching [client] from behind. As McLendon attempts to pass [client], right side of van strikes [client] at about 50 mph. McLendon tells police [client] was “weaving” on his bike over white line into travel lane and turned into van as it passed. [Client] was thrown from his bike onto shoulder of road.
Injuries: Closed head injury, hemo-pneumo thorax, hemorrhagic shock, respiratory failure, multiple fractures to spine, ribs, scapula, radius, ulna. Reconstructive surgeries to spine (T4 – T9), ribs (1 – 12), radius and ulna. Tracheostomy 3 weeks, gastric feeding tube 6 weeks. Hospital inpatient six weeks. Rehabilitation facility six weeks.
Settlement, January 20, 2017: $2,000,000.00

Winburn named by peers as one of best lawyers in America
BENNINGTON – An area attorney who limits his practice to plaintiff’s personal injury litigation and plaintiff’s medical malpractice law has once again been selected by his peers for inclusion in the 2016 edition of The Best Lawyers in America.
This marks the 12th year that Patrick Winburn, a resident of Bennington, has been included in the professional listing. He is the only plaintiff’s attorney in southern Vermont to be listed in either of these categories.
Winburn maintains offices in Bennington and Manchester.
August 24, 2015 – Bennington Banner

CASE NAME Hansen v. Benson and Christensen
DOCKET NUMBER 298-9-14 Bncv
MEDIATOR Art O’Dea (last offer $40,000)
FACTS Defendant, owner of dog, has Defendant boyfriend and his Defendant daughter living in her house with dog (110 lb Alaskan Malamute) for four years before incident. Dog exhibits some aggressive behaviors during that time. Plaintiff approaches dog who is sitting in living room to give it a hug. Plaintiff never got to actually touch dog when dog lunged and bit her face.
INJURIES Four facial lacerations; one each cheek healed with faint small scar; on on upper and lower lip visible if within about six feet from Plaintiff. Emotional harm, nightmares.
MEDICAL SPECIALS: $13,000
JURY VERDICT: $108,0000
DATE OF AWARD 3-11-16
April 1, 2016 – VJAJ Report

Developer faces suit after crash
BENNINGTON – A Manchester developer who was involved in a three-vehicle crash on Route 7 in June is being sued by one of the injured drivers. The complaint filed Jan. 4 by attorney Patrick Winburn on behalf of his client alleges that Benjamin Hauben, 66, whose address was listed as New York City, negligently allowed his vehicle to enter Defendant’s lane, causing a crash that led to her receiving serious and debilitating injuries.
January 13, 2011 – Bennington Banner

Records release disputed
Attorneys tangle over case involving alleged abuse of autistic boy
By Keith Whitcomb Jr.
“The school district being sued over the alleged mistreatment of a student with autism wants to keep some of the boy’s records out of the public eye, a move his attorney said has little to do with the case itself.”
“The suit, filed on behalf of [client] by Bennington based Winburn Law Offices, accuses the defendants of willful negligence.”
November 1, 2014 – Bennington Banner

Family hurt in 2009 crash settles lawsuit for $1.2M
by Keith Whitcome, Jr
Staff Writer
“[Clients] injured in a 2009 crash in Sunderland, have settled a lawsuit for $1.2 million against the driver of the other car and his insurance company. According to documents filed in Bennington Superior Court… they are represented by the Winburn Law Offices in Bennington and accepted a settlement of $1,225,000 on June 22”
June 29, 2011 – Bennington Banner

A Report of Settlements
VTLA Newsletter
Facts
Case involved an auto accident which occurred on February 18, 2003 in Glastonbury, Vermont. Defendant was traveling northbound in a Hertz rental car and Plaintiff [Client], was traveling southbound in the area known as the highest point of Rte. 7. The accident happened where the northbound lanes merge from two lanes to one.
Injuries
Multiple fractures of both lower extremities, and left ankle and both knees.
Settlement
August 5, 2004; $1,050,000
Car crashes spur lawsuits
by Neal P. Goswami
Staff Writer
“BENNINGTON — Two recent car crashes — one of them fatal — have led to lawsuits in Bennington Superior Court.
Local attorney Patrick Winburn represents the plaintiffs in both cases, which involve head-on collisions on Route 7 in Sunderland.
‘Both of these accidents are so horrible in terms of injuries,’ Winburn said in an interview. ‘We think the insurance company ought to do the right thing, and we’re giving them a push.'”
August 22-23, 2009 – Bennington Banner
Jury Awards Motorcyclist $1M
by Peter Crabtree
Herald Staff
“BURLINGTON — A Chittenden Superior Court jury Wednesday awarded a Williamstown man $1,076,00 in damages stemming from a 1995 crash in which his brother was killed.”
“Attorney Patrick Winburn of Manchester said until the accident that killed [the brother], truckers driving on Vermont 12 had swung into the opposite lane in order to clear the underpass.”
June 27, 1996 – Rutland Herald
Lawyer: Hit-and-run victim could get $1M
by Mike Gleason
Banner Staff Writer
“BENNINGTON — The attorney of a man who lost a leg as the result of a hit-and-run accident said Thursday that he believes the award for a lawsuit against the driver and two local bars could reach $1 million or more.”
“This was a motor vehicle accident in which Mr. Legacy was driving intoxicated and struck [Client],” Winburn said. “[Client] is still actively being treated for his injuries.”
“Mr. Legacy did not get drunk on his own,” Winburn said, adding that, by some accounts, Legacy had consumed 10 beers before he left Ryan’s Cafe to go to another bar.”
May 09, 2008 – Bennington Banner
A Report of Settlements
VTLA Newsletter
Facts
Plaintiff was rear-ended while stopped and preparing to make left hand turn. The Defendant was traveling approximately 50 miles per hour before braking. Defendant claimed the Plaintiff stopped suddenly and failed to activate his turn signal but admitted liability in trial.
Injuries
Plaintiff, age 47, injured his neck, arm and lower back. He was not seen by a doctor until two days after the accident. He admittedly had pre-existing problems with his lower back, but claimed to have none in his neck or arm, which were disputed by the Defendant. He had engaged in chiropractic manipulation of his neck and back. Plaintiff’s daughter, age 13, was shaken up at the scene of the accident and examined by her family doctor two days after the accident with her father. She did not testify but her father indicated in his testimony that she was still nervous while being passed by cars.
Jury Verdict – $159,000
VT Federal District Court, December 19, 2001
Danby Crash victim awarded more than $200K
by Gordon Dritschilo
Herald Staff
“A Danby woman has won a $205,400 verdict against two insurance companies in a lawsuit stemming from a 2002 bus crash.”
“The insurance companies tried to claim [Client] could not have been badly injured if she was dancing and called an expert witness who claimed the injury must have resulted from dancing”, Winburn said, “but the jury was not persuaded.”
“She deserved it”, Winburn said of the award.
March 25, 2008 – Rutland Herald
Parents, hospital do battle
Nurse’s drug use at issue
Clover Whitham
Staff Writer
“BENNINGTON — A Hoosick Falls, N.Y. couple suing Southwestern Vermont Medical Center because their son was allegedly harmed at birth claims that a key nurse was under the influence of a narcotic.”
“Patrick Winburn, the lawyer for the [Clients], recently filed a motion seeking the medical records of nurse Sequanna Skye after it was revealed in a deposition that she may have taken Percocet the day of [the baby’s] birth. Skye was the nurse in charge of fetal monitoring.”
Winburn also alleges that the hospital did not live up to an advertising campaign promising world class care.”
August 23, 2005 – Bennington Banner
SVMC Settles Lawsuit
Hospital accused of malpractice
“BENNINGTON (AP) — Southwestern Vermont Medical Center has settled a lawsuit charging that it lost records involving a severely brain-damaged baby.”
“They alleged that Biggers failed to properly monitor the heartbeat of their son when he was delivered at Southwestern Vermont. Biggers did not respond to signs of fetal distress, causing profound damage to the child, according to the lawsuit.”
“‘The case has been resolved to the mutual satisfaction of the parties,’ David Cleary, the hospital’s attorney, said in a brief telephone interview from Rutland.
Cleary and the [Clients’] attorney, Patrick Winburn of Manchester, declined to comment on the specifics of the settlement.”
September 29, 2004 – Bennington Banner
A Report of Settlements
VTLA Newsletter
Facts
Plaintiff, age 44 was parked at the Stratton Mountain parking lot on March 3, 2001, and was preparing to go skiing. He was at the back of his Chevrolet Suburban with the hatchback opened, leaning forward retrieving ski equipment. The UM driver was traveling through the parking lot preparing to park next to Plaintiff and lost control of his van on the snowy lot. His front bumper struck Plaintiff’s rear bumper and broke both of his legs.
Injuries
Tibia and fibula fracture of the left leg with 25% impairment, and fibula fracture of right leg with no permanency.
Settlement
November 12, 2002
$500,000; no offers until 2 days before scheduled arbitration, first offer was $200,000
Woman awarded $150,000 from Allstate
by Peter Crabtree
Herald Staff
“Brattleboro — A former Londonderry resident who sued the Allstate Insurance Co. when it balked at paying a claim has been awarded $150,000 by a U.S. District Court jury.”
“It took the jury just 35 minutes to return a verdict in her favor on Sept. 15, according to attorney Patrick Winburn, who argued that the case is part of a corporate strategy that forces ordinary citizens like [client] to file lawsuits against Allstate.”
“‘Instead of the good hands, what she got was the back of their hands,’ Winburn said in an interview. ‘Essentially, what Allstate has done is they’ve decided that whatever they’re going to pay for is going to be very minimal and if you don’t like it you’re going to have to sue them and prove your case in court.'”
November 06, 2000 – Rutland Herald
Jury’s Award Is $2.4 Million
April 30, 1998 – Burlington Free Press
“RUTLAND — A federal court jury awarded a stunning $2.4 million verdict Wednesday to a pedestrian who suffered brain damage after she was hit by a car while shopping in Manchester”
“‘You hear about the McDonald’s case,’ where jurors awarded a huge sum to a woman scalded by coffee, ‘but some people really deserve it,’ said [Client]’s attorney, Patrick Winburn. ‘This woman has suffered incredibly.'”
Jury Awards $97K to Woman Hurt in Route 67A Crash
Mike Gleason
Banner Staff Writer
“BENNINGTON — After deliberating for three hours, a Bennington Superior Court jury awarded nearly 100,000 to a local woman involved in a car crash.”
“Winburn said this verdict was really a victory against an insurance company, not the other driver.
‘The insurance company basically denied the claim,’ Winburn said. ‘They wanted to beat us — they claimed the accident was an act of God, not the other driver.'”
January 30, 2007 – Bennington Banner
Woman Suing Alleged Assailant
“BENNINGTON — A young woman who suffered a fractured skull after being bludgeoned with a hammer has sued her alleged assailant and the North Bennington homeless shelter that employed him.”
“Her life has been turned upside down, and we believe the people who created the atmosphere in which this whole event occurred should be held accountable” [client’s] attorney Patrick Winburn said Tuesday.”
August 12, 1998 – Southern Vermont Digest
Family sues CHP for wrongful death
by Eric Arvidson
“BENNINGTON — The family of a local woman who died recently of throat cancer is suing Community Health Plan for medical malpractice, alleging her illness went undetected by her doctors over repeated visits that spanned 14 months.”
“In May, the lawyer for the [client], Patrick Winburn, filed the complaint against CHP seeking damages for [client’s] suffering from her disease, claiming malpractice. Following [client’s] death, Winburn has amended the complaint to a wrongful death suit, setting up an estate for [client], arguing that her family members are entitled to damages due to their loss.”
July 30, 1998 – Bennington Banner
Jury Awards $270,000 to Crash Victim
Woman Was Spied On After Filing Suit
by Peter Crabtree
Herald Staff
“NEWFANE — A woman who was injured in a car accident and then spied on when she sought damages was awarded $270,000 Tuesday by a Windham Superior Court jury.”
“‘Insurance companies more and more seem to be doing this kind of stuff,’ Winburn said. ‘The jury didn’t like it.'”
November 23, 1995 – Rutland Herald
In Accident Case
[Client] Wins big
Matt Kelly
Banner Staff Writer
“BENNINGTON — A local man has been awarded $378,000 by a Superior court jury for injuries he suffered that may have prevented a professional baseball career.”
“‘He actually had the talent,’ Winburn said of [Client]. ‘He went to baseball camps, played on all the leagues, won trophies. This was not something unreachable.'”
May 31, 1995 – Bennington Banner
Woman Awarded $347,000
Barbara Bennett
Staff Writer
“BENNINGTON — Nearly three years after being hit by a beverage truck in Bennington, a jury awarded an Arlington woman $347,000 in damages.”
“[Client’s] attorney, Patrick Winburn of Manchester, said he felt the case should have been settled long ago, blaming a combination of factors for the delay.”
“According to Winburn the state is not adequately funding the judicial branch and the defendent, Leader Beverage Corporation, a local distributor of Pepsi and other beverages, refused to take responsibility for the accident until it was forced to do so by the jury.”
February 29, 1996 – Bennington Banner
Local Man Awarded $228,000 for Crash
Frederick Bever
Banner Staff Writer
“BENNINGTON — A Bennington Superior court jury has awarded $228,000 to a Pownal man who said he was permanently injured in a 1989 car accident.”
“‘It was a hotly contested case,’ said Winburn, adding that the Allstate Insurance Company hired attorneys to help [Defendant]’s defense.”
‘It was a pretty good win for the plaintiff,’ said Winburn. ‘I was happy to be a part of it.'”
December 16, 1993 – Bennington Banner
Belmont Man Awarded $300,000 in Medical Lawsuit
by Jo-Anne MacKenzie
“WOODSTOCK — A Windsor Superior Court jury Thursday awarded a Belmont man $300,000 in damages — twice the amount sought — from Springfield Hospital and Dr. G. Andrew Walker.”
“‘This really shows what the health care crisis is like,’ Winburn said. ‘People who have health insurance get one kind of health care and people who don’t have it get another.'”
June 27, 1996 – Rutland Herald