Kristen Ragosta
Partner
Experience
Kristen R. Ragosta focuses her work on counseling, defending and managing risk for professionals, including architects, engineers, surveyors, and directors and officers. She represents clients in pre-litigation dispute resolution processes and in Federal and State courts in construction, environmental and asbestos cases; employment and discrimination disputes; criminal, probate, and real estate matters; and personal injury, products and premises liability, Dram Shop and other general liability actions. Prior to joining Donovan Hatem she was an associate with Mitchell & DeSimone. After graduating from law school, she spent three years working as an Assistant District Attorney for the Middlesex County District Attorney’s Office. Kristen has conducted over 100 trials, and multiple mediations and administrative hearings.
In both 2018 and 2017, Kristen was ranked by Super Lawyers as a top rated Rising Star in Construction Litigation in Boston.
Admitted to Practice
- Massachusetts
- New York
- Rhode Island
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the First Circuit
Education
- Suffolk University Law School (J.D. 2005)
- University of New Hampshire (B.S., Business Administration, 2002)
Business and Professional Associations
- Rhode Island Bar Association
- Women’s Bar Association
Publications and Speaking Engagements
- Author, “Punitive Damages Claims Against an Accounting Professional May Be Allowed to Proceed Based on Gross Negligence.” The Accountant/Attorney Liability Reporter (Nov. 2016)
- Author, “Supreme Court Rules that Grounds for Judicial Review of an Arbitration Award Cannot be Altered by a Contract.” Design & Construction Management Professional Reporter (Sept. 2016)
- Author, “Expecting the Unexpected: Using Standard Construction Contingency to Establish Minimum Design Standard of Care.” Design & Construction Management Professional Reporter (April 2016)
- Speaker, “Standard of Care: Is it Changing?” Donovan Hatem Design Professional Roundtable (June 2014)
- Author, “California Court Allows City to Assert Claims Against Design Professional Absent Privity of Contract.” Design & Construction Management Professional Reporter (Sept. 2012)
- Author, “Florida Court Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals.” Design & Construction Management Professional Reporter (March/April 2011)
Representative Matters
- Currently serving in both direct defense and claims management capacities in defending and managing many high risk, complex claims involving primarily major infrastructure and industrial projects in the United States and internationally; with projects including roadways, sewage and wastewater treatment systems, an airport, subways, a chlor-alkali processing plant and a hospital.
- Played integral role as claims manager in obtaining defense verdict for international, infrastructure design firm in multi-million dollar litigation pending in Columbia; with my role including management of claim, liaison with insurer, retention and oversight of experts and defense counsel, and substantial participation in preparation of filings and for hearings.
- Obtained summary judgment and dismissal of a personal injury lawsuit arising out of a plaintiff’s fall at a client’s restaurant.
- Represented Pharmaceutical Testing Laboratory in multi-district litigation in the US District Court in Boston and successfully resolved all claims involving over 300 personal lawsuits, including multiple wrongful death allegations, within available insurance limits.
- Represented a public school employee in pretrial and trial proceedings involving alleged Civil Rights Violations, Invasion of Privacy, Defamation, Intentional Interference with a Business Relationship, and Intentional Infliction of Emotional Distress; obtained settlement and dismissal during trial with no direct payment from client.
- Part of a defense team that resolved over 400 claims, totaling almost $200 Million, for a fraction of the amount sought and well within the available insurance coverage for designers on a major subway extension project.
- Negotiated nuisance value settlement of wrongful death, asbestos related claim asserted against multinational conglomerate.
- Successfully mediated and resolved a claim seeking over $12 Million related to design and construction of domestic water treatment and distribution system at an NFL stadium.
- Advised insurance and design clients, and managed claims, related to design and construction of signal system on subway extension project.
- Part of defense team that managed Professional Liability Insurance Policy and resolved multi-million dollar claim involving approximately 100 design clients on major, multi-building design and construction project on the Las Vegas Strip.
- Collaborated with outside counsel to utilize a waiver of subrogation clause in client’s design contract for an NFL Stadium; obtaining dismissal of multi-million dollar claim related to cladding panels.
- Prepared a strong claim response letter that resulted in a State Transportation Authority’s withdrawal of its claim related to the corrosion protection system specified for bridge cables.
- Collaborated with outside counsel to obtain a defense verdict for the Design Team related to claim of traumatic brain injury by maintenance worker at State Prison; successfully defending claim that ceiling panel design errors and omissions caused the worker to fall.
- Led alternative dispute resolution efforts pursuant to which design and construction participants on office building and landscaping project corrected flooding issue at neighboring Children’s Shelter in conjunction with organization of charity event to assist with further remediation efforts, and to provide future income to shelter.
- Successfully utilized contractual arbitration clause to obtain dismissal of lawsuit regarding damages sustained at a museum due to a fire that started in a nearby manhole.
- Assisted design firm to negotiate and resolve claims asserted by County officials related to deteriorating wall panels in County Jail, obtaining an optimal result for client and dismissal of a pending litigation.
- Advised Global Software Service Provider and facilitated mediated settlement of sexual harassment, disability discrimination and retaliation claim pending before the Massachusetts Commission against Discrimination; acting as a liaison between client and insurer.
- Advised Realty Company throughout the negotiation and resolution of a Housing Discrimination Complaint pending before the Office of Fair Housing, the Massachusetts Commission against Discrimination, and the Department of Housing and Urban Development.
- Advised Design Team through mediation and resolution of varied claims arising from the interior renovation of multiple floors in a Boston high-rise that houses the corporate headquarters for a financial institution.
- Defended Design Team through discovery, and negotiated pretrial settlement and dismissal of multi-party litigation involving a failed exterior concrete panel connection that fell and seriously injured a construction worker.
- Defended Design Team through discovery, and negotiated pretrial settlement and dismissal of litigation related to claimed errors, omissions, delays and cost overruns on research and administration building designed and constructed for major Massachusetts University, obtaining a settlement that was well below the $2 Million pretrial demand and below the the University’s $1 Million in defense costs.
- Defended claims and orchestrated settlement for lead designer on residential apartment building construction project, pursuant to which client did not make any affirmative payment and all amounts of any outstanding design fees that it waived to effectuate settlement were reimbursed by subconsultants.
- Managed claim and oversaw outside counsel to achieve optimal settlement of claims against Design Team stemming from design and construction of a cruise ship terminal.
- Negotiated resolution of claims by Condominium Developer against Design Team related to alleged fire code violations, negligence, errors and omissions.
- Negotiated resolution of claims by City related to alleged error in survey completed prior to design and installation of sewage lift station that encroached on neighboring property.
- Managed and oversaw outside counsel to obtain defense verdict in International Arbitration, resulting in client’s recovery of defense costs.
- Managed multiple claims asserted against Architect related to design and construction of air force training facility.
- Managed multiple claims asserted against Architect related to design and construction of military housing.
- Resolved through mediation, claims related to design and construction of private airplane hangar.
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