Personal Injury

October 6, 2009

Former Boston City Councilor Files Massachusetts Brutality Lawsuit

Former Boston Councilor David Scondras is suing Lawrence police for Massachusetts police brutality. Scondras, who was the city’s first openly gay city councilor, claims that Lawrence police beat him on October 9, 2006 when he arrived at a school parking lot to meet a man who he had been flirting with online.

The man, 20-year-old Michael Fornesi, pretended he was a 15-year-old during their Internet chats. Scondras, however, claims that he knew all along that Fornesi was a legal adult but that the two of them were playing out a fantasy.

In his Lawrence, Massachusetts police brutality lawsuit, Scondras says that during his arrest, police verbally abused him, threw him onto the ground, placed a gun to his head, and kicked him. He says he broke his tooth and that Sgt. Ryan Shafer allegedly called him an anti-gay name. Scondras claims that after the attack, the police wouldn’t take him to the hospital. Scondras’s attorney says that due to the encounter his client had brain swelling and he had to undergo surgery.

October 2, 2009

At Distracted Driving Summit, Families of Car Accident Victims Bring to Life the Deadly Consequences of Multitasking While Behind the Wheel

by Altman & Altman

At the US Department of Transportation’s Distracted Driving Summit this week, family members who lost loved ones in car accidents involving drivers who were distracted spoke to attendees about their tragedies. One woman lost her mother of a driver who was talking on his cell phone. Another woman, a motorcyclist, was killed when she was struck at a red light by a driver who was painting her nails. And of course, there are the accounts of loved ones lost because drivers were texting while driving, reaching for a cell phone, or glancing at a PDA to “quickly” read a text message.

According to the NHTSA, almost 6,000 people died in distracted driving accidents last year. Over 500,000 others survived these auto accidents with injuries. As one man who lost his mother told the summit, “distracted drivers destroy lives.” Yet many drivers continue to engage in some form of distracted driving.

Talking on a cell phone and texting while driving have proven especially dangerous, and calls for a nationwide ban on texting has become more urgent. The CTIA-The Wireless Association reports that 110 billion texts were sent out in December 2008. Compare this figure to the 10 billion texts that were transmitted in December 2005.

On Wednesday, the Obama Administration announced that federal workers will no longer be allowed to text message while operating a motor vehicle while on the job or in a government-owned auto. According to Transportation Secretary Ray LaHood, the government is also considering restricting truck drivers, train operators, and bus drivers from using cell phones.

In Massachusetts, there is still no ban on text messaging. Localities are allowed to decide whether to restrict cell phone use. Earlier this year, the Boston area’s transit authority announced a new policy change banning bus, trolley, and train operators from carrying cell phones and personal electronic devices while they are on the clock. The crackdown came after a trolley operator who was text messaging caused aBoston train accident that injured 49 people.

Boston car drivers are allowed to talk on handheld devices and text message while driving an auto. This can result in serious Massachusetts traffic accidents and personal injuries and wrongful deaths may ensue.

Cell Phone Ban After Boston Trolley Crash, Huffington Post, May 9, 2009
New regulation bans federal employees from texting while driving, Los Angeles Times, October 1, 2009
Related Web Resources:

Distracted Driving, National Safety Council

The Dangers of Distracted Driving, www.carinsurance.org

State Cell Phone Driving Laws, Governors Highway Safety Association

An Examination of Driver Distraction as Recorded in NHTSA Database (PDF)
Continue reading

September 22, 2009

Boston Police Brutality Allegations Gain Further Credence After Beaten Firefighter is Acquitted of Domestic Violence Charges

by Altman & Altman

A Boston Police Internal Affairs investigation is expected to heat up now that the man alleging Boston police brutality has been acquitted of assaulting his girlfriend.

Firefighter Wayne Abron claims that Boston cops David Santosuosso and Brian Dunford severely beat him when they arrived in his mother’s backyard while he and his then-girlfriend, Edwinna Wynn, were arguing loudly on March 23, 2008.

The two officers claimed that they had to pull Abron off Wynn. They say the then-41-year-old firefighter tried to hit them, which is why they called for backup.

August 17, 2009

At the Risk of Causing Boston Injury Accidents, Many Cab Drivers Still Talk on Cell Phones While Driving Despite Ban

by Altman & Altman

Even though Boston cab drivers are now banned from using a cell phone while driving, the Boston Herald is reporting that many cabbies are either ignoring the rule or just don’t know about it-or so they say. This behavior is dangerous and can cause Boston injury accidents.

One cab driver, Mohamad Moharam, told the Boston newspaper that he wasn’t aware that talking on a cell phone while operating a taxi was now illegal. He also says that police officers have not been cracking down on him or other cabbies when they’ve been spotted talking on their cellular phones.

Hackney Capt. Robert Ciccolo says he doesn’t believe that many Boston cab drivers are ignorant of the new rule as they say they have been. He does, however, acknowledge that it can be hard to tell whether a taxi driver is using a Bluetooth device to avoid getting caught-cab drivers are now not allowed to use this device while driving either. It also doesn’t help that many taxi passengers don’t like it when police pull over their cab.

Since January 1, 2009, when the ban went into effect, 20 violations have been issued resulting in 28 suspension. 22 taxi customers have complained because their Boston cab drivers were talking on cell phones while driving.

Many taxi drivers are reportedly not happy with the ban. Talking on a cell phone while driving has been a way for some of them to relieve the monotony of having to sit behind the wheel of their cab for 12 hours at a time while allowing them to connect with family and friends. The New York Times reports that some cab drivers have said that because they are professional drivers, they believe that they are less likely to become distracted while driving than regular motorists.

Unfortunately, there are many cell phone-driving related crashes that have occurred, including Boston bus accidents, MBTA train collisions, commercial truck crashes, car accidents, motorcycle collisions, and pedestrian accidents, because a “professional” driver was talking on a cell phone or texting and failed to notice another vehicle that was stopped ahead or a green light that had just turned red.

When people talk on a cell phone or text while driving, this means that less than 100% of their attention is on the road. Engaging in distracted driving always increases the chances that the driver will become involved in or cause a Boston traffic crash.

Cabbies turn deaf ear to cell ban, Boston Herald, August 14, 2009
Cabbies Stay on Their Phones Despite Ban, NY Times, August 3, 2009

Related Web Resources:
Cell phones as dangerous as drunk driving, CNET
Boston Licensed Hackney Carriages, City of Boston Continue reading

August 5, 2009

Deadly LA Fitness Shooting Leaves 4 People Dead and Injures 10

by Altman & Altman

Four people are dead after a lone gunman entered an LA Fitness gym in Pittsburgh, Pennsylvania on Tuesday night, shut off the lights in an aerobics room, and began shooting at patrons. He then killed himself.

Three women died in the shooting and at least 10 others were injured from the 50 rounds that he fired. According to police, the man, who a law enforcement source identified as 48-year-old George Sodini, didn’t say anything before he began shooting at people. Sodini was a gym member.

In a note found in Sodini’s gym back, the source says that the shooter talked about how he hated women.

One hospital admitted at least 5 shooting victims. A spokesperson for the hospital says the patients arrived at the hospital in critical condition.

The gunman maintained a blog prior to his death. He used the online diary to talk about his anger at being rejected by women, his desire to have a partner, and his loneliness. He lists his death as August 4, 2009. He refers to the murders as his “exit plan” and appears to have been plotting to execute his strategy for about a year.

Personal Injury and Wrongful Death Lawsuits Stemming from Violent Crimes
If you or someone you love was hurt because of a violent crime, there may be grounds for filing a personal injury or wrongful death complaint, such as:

Premises liability: Did inadequate security on the premise allow for the violent crime to happen?
Nursing Home negligence or abuse: Did a nursing home worker or a resident commit the crime and could the assisted living facility have acted to prevent the crime from happening? Did the facility neglect to perform a background check on the person that committed the crime?

Even if the property owner, company owner, event organizer, or another party did not have anything to do with committing the violent crime (but they could have or should have acted to prevent a crime from happen), you may be able to hold them liable for the harm that you and your love one have suffered. You also may be able to pursue financially recovery from the person that actually committed the violent.

Four dead, including gunman, in gym shooting, CNN.com, August 5, 2009
At least four dead in W. Pa. gym shooting, Philly.com, August 4, 2009 Continue reading

July 3, 2009

Massachusetts Traffic Deaths Drop 16% to 363 Fatalities in 2008

by Altman & Altman

The National Highway Traffic Safety Administration is reporting a 16% drop in the number of Massachusetts traffic deaths between 2007 and 2008. 363 people died in traffic accidents throughout the state last year. 434 people died in 2007.

Worcester County and Middlesex County tied for first place as the counties with the most traffic fatalities-56 deaths each. The state of Massachusetts also saw a decline in the number of drunk driving-related deaths by 20% from 155 fatalities in 2007 to 124 deaths in 2008.

More 2008 Massachusetts Traffic Facts:
227 vehicle occupant deaths 422 drivers that died At least 61 of the drivers were younger than 21 At least 120 of these victims were not properly restrained at the time of their deaths 42 motorcycle deaths-a drop from the 62 Massachusetts motorcycle rider fatalities in 2007 75 pedestrian deaths

Nationally, the US Department of Transportation reported a 9.7% decline in traffic deaths between 2007 and 2008. 37,261 people died in US traffic accidents last year, with substantial drops in nearly every major category, including light truck occupant fatalities and passenger car occupant deaths.

US Transportation Secretary Ray LaHood also noted that the country had implemented major steps to improve road and vehicle safety, increase seat belt use, and decrease the number of drunk driving accidents.

More 2008 US Traffic Statistics:
2,346,000 injuries 11,773 alcohol impaired-related fatalities 5,811,000 traffic accidents 677 large truck deaths
5,290 motorcycle fatalities 4.378 pedestrian deaths 716 pedalcyclist fatalities 23,000 large truck injuries 96,000 motorcycle injuries 69,000 pedestrian injuries 52,000 pedalcyclist injuries
While the overall decline in traffic deaths is of positive note, there are still too many people getting hurt or dying in Massachusetts traffic crashes. In many instances, an injured person’s own motor vehicle or medical insurance is not enough to cover all recovery costs, medical expenses, and lost wages.

Mass. traffic deaths drop 16 percent in 2008, Boston.com, July 3, 2009
Overall Traffic Fatalities Reach Record Low in 2008, NHTSA
Related Web Resources:
View State-by-State 2008 Data, NHTSA
2008 Traffic Safety Annual Assessment- Highlights (PDF)
Continue reading

May 26, 2009

Boston Personal Injury Law Firm: Massachusetts Senate Approves Amendment Banning Texting and All Internet Use While Driving

by Altman & Altman

Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving-this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009
Mass. high school student dies in car crash, Telegram.com, May 21, 2009
Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009
Related Web Resources:
Cell Phone Driving Laws, GHSA
National Safety Council
Continue reading

May 16, 2009

Quincy Couple Files Massachusetts Personal Injury Lawsuit Suing Brigham and Women’s Hospital for Destroying Embryos

by Altman & Altman

A Quincy couple is suing Brigham and Women’s Hospital for Massachusetts personal injury, including negligence, emotional injury, and breach of contract. The hospital had accidentally destroyed all 13 frozen embryos that the plaintiffs, Julie and Michael Norton, had placed in their care. Now, the Nortons are seeking $5 million in personal injury damages.

Julie, now 37, and Michael, now 35, decided to freeze the embryos in 2001 after Julie was diagnosed with Stage III rectal/colon cancer, which is an advanced form of cancer. They were worried that her cancer treatment would make it hard for her to get pregnant later.

The embryos were supposed to be implanted in Julie when she was well enough. In 2004, doctors determined that the cancer treatment had damaged her uterus too much for her to be able to carry embryos to full term. In 2006, assisted reproductive technologies director Dr. Elizabeth Ginsburg wrote the couple to let them know that their consent that the hospital store the embryos expired in 2004.

April 27, 2009

Massachusetts Medical Malpractice Lawsuit To Be Filed By Family of Worcester Man Made to Walk Down Stairs by Paramedics

by Altman & Altman

In Massachusetts, the family of Charles F. Rondeau is considering filing a Massachusetts medical malpractice lawsuit for his wrongful death. Rondeau died on May 11, 2008.

UMass Memorial EMS paramedics arrived at his home after he complained that he wasn’t feeling well. The two paramedics walked him down three flights of stairs. He died three hours later from a massive heart attack.

Rondeau’s family filed a complaint asking why the 48-year-old, who had a history of heart disease and was having serious problems breathing and experiencing chest pains, was even made to walk down such steep steps. After conducting an investigation into the incident, Massachusett’s Department of Public Health made some disturbing discoveries.

April 24, 2009

Recent Massachusetts Cheerleading Accidents Spur Personal Injury and Wrongful Death Lawsuits

by Altman & Altman

The vision of athletic girls dressed in short skirts, cheering, and performing acrobatic moves is a common sight at athletic events in schools and at professional sporting events throughout the US. Yet, cheerleading can be a dangerous activity, leading to serious personal injuries and wrongful deaths for some of its participants.

Last year, a Newton cheerleader died after performing at the Minuteman competition in Worcester. An autopsy determined lung collapse as Lauren Chang’s cause of death after a teammate who had been thrown in the air accidentally kicked the 20-year-old’s chest. At the time of the Massachusetts cheerleading accident, the emergency medical technician was away restocking her supplies.

Also in 2008, 14-year-old Haley Kozlowski sustained a serious head injury when she performed a double maneuver in the air, fell, and hit her head on the ground. Her mother, Kim, says she was the one who had to ask for an ambulance after she arrived at the cheerleading event some 20 minutes after her daughter got hurt. While Haley has learned to walk again, she missed months of school to recover. She still experiences pain, is more anxious, and struggles with school. Kim has filed a Massachusetts personal injury lawsuit on her daughter’s behalf.