Jury Verdict Submission & Research

On Nov. 28, 2010, 81-year-old Edwin Skowyra suffered a stroke while driving. Skowyra lost control of his vehicle, and it crashed into the convenience store and gas station operated by Cumberland Farms, Inc. at 197 Grove Street in Chicopee, MA. Skowyra's vehicle struck and killed Kimmy A. Dubuque as she was entering the Cumberland Farms store. At the time of her death, Kimmy Dubuque was a 43-year-old mother and wife.

On May 25, 2012, Kimmy Dubuque's husband, Albert R. Dubuque, Jr., filed an action against Cumberland Farms, Inc. and V.S.H. Realty, Inc. in the Massachusetts Superior Court for Hampden County. Plaintiff asserted claims of negligence and gross negligence against defendants. He sought recovery for his and his minor daughter's loss of the care, companionship, society, affection and guidance of their wife and mother, as well as the loss of her anticipated net income in excess of $ 1,000,000.00. Prior to trial, plaintiff had offered to settle the action for $ 5,000,000.00.

Plaintiff maintained that Cumberland Farms had not provided properly-engineered bollard arrays between the pedestrian walkways at its stores and all nose-in parking spaces. He also claimed that prior to the incident, Cumberland Farms was aware of hundreds of incidents where drivers lost control of their vehicles and crashed into Cumberland Farms stores. Although Cumberland Farms had begun to install bollards at many stores, the improvement program was not consistently applied and the Chicopee store was not targeted for the improvements.
Cumberland Farms, however, argued that because Skowyra had been travelling at a rate of 70 m.p.h. when he hit the building, no barrier would have prevented his vehicle from crashing into the building.

The matter proceeded to a jury trial in February of 2016. On Feb. 23, the jury returned a verdict in plaintiffs' favor, finding that Cumberland Farms had been negligent and that the negligence contributed to Kimmy Dubuque's death. The jury awarded plaintiff a total of $ 32,369,024.30 in damages. On March 8, 2016, Judge Mark D. Mason entered judgment in plaintiff's favor.

For more information about the case, including counsel and expert witness information, Lexis Advance subscribers may access the case here: Albert R. Dubuque, Jr., Executor of The Estate Of Kimmy A. Dubuque, v. Cumberland Farms, Inc. and V.S.H. Realty, Inc; 2016 Jury Verdicts LEXIS 1649

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