Articles Posted in Personal Injury

In Massachusetts, a Taunton woman is suing the city of Taunton and police officer Robert Kramer for personal injuries she sustained from an alleged police brutality incident. In her federal lawsuit, Celine Kaye is seeking unspecified damages for broken ribs, facial fractures, and emotional trauma. She claims Officer Kramer violated her civil rights when he engaged in police brutality, and she is accusing the city of Taunton of neglecting to properly supervise him.

Kaye contends that on August 2007, while watching police officers arrest her daughter’s boyfriend, Kramer beat and kicked her after telling her to go back into her home. The attorney for the city of Taunton disputes Kaye’s claims, maintaining that Kramer is one of the city’s best police officers and that he did not use excessive force on the plaintiff.

Police Beatings

Investigators from the National Transportation Safety Administration and the Federal Aviation Administration are trying to determine the cause of last Thursday’s deadly plane crash that killed all 49 people onboard the plane and another victim on the ground. Continental Connection Flight 3407 crashed into a Buffalo, New York home before bursting into flames. This is the first deadly aviation accident involving a commercial airliner in the United States in over two years.

Two areas of focus for investigators appear to be the icing on the plane and the aircraft’s autopilot. Right before Thursday’s plane crash, other aircrafts in the area reported icing problems. Now, some people are questioning whether the plane should have been on autopilot in such icy conditions, especially as some experts believe that activating a plane’s autopilot can make it hard for pilots to gauge the seriousness of icing conditions.

Just this December, the NTSB talked about how ice, as little as ¼ inches, can have a deadly effect on a pilot’s ability to handle the plane. The NTSB also explained that while activating the plane’s autopilot can minimize the impact of the plane’s icing, it could cause pilots to becoming too confident. The agency suggests activating the plane’s de-icing systems as soon as icing occurs. Also, according to CBS News, turboprop planes are involved in the majority of ice-related accidents. However, on Monday, an NTSB member cautioned about assuming that icing is what caused the plane crash until the investigation was complete.

Another factor that is under investigation is the pilot experience of Capt. Marvin D. Renslow, who had just completed training on a Dash 8 less than three months before. Renslow had accrued 110 hours in the turboprop’s cockpit-compared to Capt. Cesley Sullenberger, the pilot who was able to land US Airways Flight 1949 on the Hudson River in January, who had logged in some 20,000 hours.

Commercial Airline Accidents
Any kind of deadly aviation accident is always a catastrophe-and one that is further magnified when there are multiple victims. The more deaths there are, the greater the numbers of family and friends that will undoubtedly be impacted by the losses. If you’ve lost a family member in a plane crash, you may be entitled to wrongful death compensation.

Pilot Experience Eyed In Flight 3407 Probe, CBS News, February 17, 2009
Continental Flight 3407 reported ‘significant icing’ before crash that killed 50, The Buffalo News, February 17, 2009
Icing Played Down in Buffalo Crash, New York Times, February 19, 2009
50 Dead in Plane Crash Near Buffalo, N.Y., The Street, February 13, 2009

Related Web Resources:
Continental Airlines

National Transportation Safety Board
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In the US District Court in Worcester, a state trooper is suing Taser International, the makers of the Taser stun gun, for $1 million. James Foley, a Grafton resident, says that when the weapon was used on him during a law enforcement seminar on Tasers, the electric currents that went through his body bent a surgical screw that was in his leg. Foley contends that because of exposure to the Taser, he experienced severe pain and suffering, loss of wages, and a diminished earning capacity.

According to Foley’s Massachusetts personal injury lawsuit:

At the Taser X-26 seminar in 2006, attendees were offered the opportunity to have the stun gun used on them so that they could understand how the weapon affects the human body. Foley says he told a Taser employee that he had surgical hardware in his left femur and the worker said use of the device on him would not impact the hardware or cause injury.

In Massachusetts, the mother of 16-year-old Anthony McGrath is suing the town of Plymouth, former police chief Robert Pomeroy, and officers Edwin Almeida and Richard Tavares for his wrongful death. McGrath was shot by Almeida and Tavares following a high-speed motor vehicle pursuit on January 10, 2006. The officers were following McGrath because he was a suspect in a liquor store break-in. They fired 11 shots, and the teenager was struck by two of them.

Now, Denise McGrath is seeking unspecified monetary damages for police brutality. Her complaint cites unreasonable and deadly force without legal cause and contends that the two cops were not in any danger when they started shooting at McGrath.

Although Almeida and Tavares were responding to a possible break-in, one did not actually take place. McGrath, however, did not stop his vehicle when he saw that police were pursuing him, even after he drove into a wall.

Police in the Boston area say at least 11 motor vehicle crashes occurred over the weekend. According to the National Weather Service, some 8.8 inches of snow fell from the sky on Friday, with another 3.7 inches of snow falling on Saturday and 3.8 inches on Saturday. This made for poor driving conditions. Some 50 plows tried to clear the streets over the weekend. Fortunately, there were no serious injuries.

One auto accident left a Jeep with significant damage after its driver hit an NStar utility pole. The 37-year-old Dedham motorist was eventually cited for leaving the scene of property damage. In another Boston motor vehicle crash, an auto struck another motor vehicle as it was backing out of a driveway. Another accident occured when a plow driver backed his vehicle into a Bridge Street building.

Driving in Snowy Weather
Snow and ice on the road can make for hazardous driving conditions that can lead to serious Massachusetts injury accidents. Just because poor weather conditions may have been a major factor in causing a traffic collision, however, does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, you are supposed to exercise even greater care to avoid auto crashes from happening, including:

• Drive at a slower speed • Give yourself more time than usual to arrive at your destination.
• Make sure that there is even more space between you and the vehicle in front/behind you.
• Make sure your lights are on so that other drivers can see you.
• Brake gently so that your vehicle doesn’t skid.
• Don’t drive using your cruise control when the roads are icy.
• Drive defensively.

You may be entitled to Massachusetts personal injury compensation if you were injured in a Boston car accident.

Storm card : 3 days, 15 inches and 11 accident, The Daily News Transcript, December 22, 2008
Driving Safety Tips, National Weather Channel

Related Web Resource:
Winter Driving Safety Tips, Mass.gov Continue reading

Officials with the National Transportation Safety Board are investigating the cause of the Continental Airlines jet crash that occurred last Saturday as it took off from Denver International Airport. The plane accident took place a little after 6pm as the Boeing 737 was speeding down an airport runway.

Investigators say that an unusual ratting sound can be heard on the cockpit’s data recorder. They also confirm that the plane’s pilots tried to abort the takeoff to prevent it from veering off the runway.

The plane ended up skidding off the runway, shearing off its tires as it slammed into the ravine. As the jet’s fuel tanks began leaking, a fire started.

All passengers and crew members aboard the jet survived the aviation accident. Over three dozen people, however, were injured, as they scrambled out of exit doors to escape. 2 people reportedly sustained critical injuries. Fortunately, no one suffered burn injuries.

The plane’s copilot says the jet began veering away from the center of the runway as it was reaching a speed of 103mph. The plane’s captain, who sustained serious back injuries and fractures, has yet to be interviewed about what happened.

According to The Flight Safety Foundation, over 1/3rd of all plane accidents involve planes taking off from a runway. Plane accidents can often result in catastrophic injuries and serious emotional trauma for those who survive.

Investigators: Pilots Aborted Takeoff, Wall Street Journal, December 23, 2008
At Least 38 Injured In Denver Plane Crash, CBS News, December 20, 2008
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Plane Accidents
, Justia
National Transportation Safety Board
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Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

Motor vehicle accidents
• Burn injuries • Drowning accidents • Fall Accidents
• Poison
Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids’ lives each year. The UN Children’s Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008
Preventable injuries kill 2000 children every day, WHO, December 10, 2008
Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008
Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF
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The US Coast Guard has released the latest statistics involving boating accidents in Massachusetts and throughout the United States.

Statistics Include:

• 685 boating fatalities throughout the US in 2007.
• 9 of these deaths occurred in Massachusetts, where 36 boating accidents occurred.
• There have been at least 6 Massachusetts boating fatalities so far this year.
• There have been 101 boating accident deaths in the state over the last 10 years.
• A total of 5,191 recreational boating accidents occurred throughout the US in 2007.
• 3,673 people suffered injuries in these accidents.

Massachusetts Environmental Police Capt. George Agganis says that while the exact number of deaths may vary from year to year in the state and throughout the US, the causes of boating fatalities tend to stay the same and include:

• Drunk driving • Driver inattention • Speeding • Careless or reckless operation of the vessel
More Boating Accident Facts from the US Coast Guard Study:

• The cause of death of over 2/3rds of all boating accident deaths is drowning.
• 90% of the victims were not wearing life jackets when they died.
• Alcohol is a main factor in 21% of all boating deaths.

Safety instruction key to fewer boat fatalities, Telegram.com, August 22, 2008
Accident Statistics, US Coast Guard

Related Web Resources:

Department of Conservation and Recreation, Mass.gov
Massachusetts Boats, DMV.org Continue reading

Five years after a pyrotechnics display at a nightclub killed 100 people during a rock concert, the Great White band has reached a $1 million settlement agreement with survivors and victims families. Over 200 people were injured in the fatal fire. Great White band member Ty Longley also died in the blaze, which has been called the 4th worst nightclub blaze in US history.

The fire broke out at The Station, a Rhode Island nightclub, when band tour manager Daniel Biechele ignited pyrotechnics at the start of the concert. The packaging foam used by the club to soundproof around the stage caught on fire. Biechele pleaded guilty to 100 counts of involuntary manslaughter, as did nightclub owners Jeffrey and Michael Derderian.

Dozens of plaintiffs have been named as defendants in lawsuits filed by fire victims and family members.

A group of Massachusetts teenagers that say Nantucket police officers applied “excessive force” when arresting them without probable cause have filed a federal lawsuit. Troy Sullivan, Nicholas Phillips, David Loveberry, Adeane Watty, and Terrance Johnson, ages 13 to 18 and all African-American, say they were riding their bikes on August 8, 2007 at around 10:30 at night in Nantucket when Police Officer Taylor Noll told them to “move to the other side of the street.”

The teenagers say that they asked why the police officer did not ask the Caucasian tourists and workers that were there to move also. Noll then requested police backup and all the police officers that were on the island responded. A number of them reportedly chased the teenagers, with one cop ordering the boys to get on the ground. Officers Michael Nee, Richard Aprea, and Briand Ketcham then jumped on three of them and forced them onto the ground.

13-year-old Terrence Johnson’s shoulder became separated during the incident. Troy Sullivan fell of his bike after Officer Nee hit him with his police car. In front of a crowd, the five teenagers were restrained, frisked, and according to the plaintiffs’ lawyers, illegally arrested.

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