Personal Injury

September 1, 2008

15-Passenger Van Accident on Massachusetts’s Tobin Bridge Leaves 13 People Injured

Massachusetts State Police say that all 13 people riding a 15-passenger van were injured on Thursday when the vehicle crashed into a tollbooth barrier after driving onto a median. The accident victims were transported to Tufts Medical Center, Massachusetts General Hospital, and Boston Medical Center following the collision.

The accident occurred at around 6:30 at night as the van was going to Boston from Home Made Brand Foods, the Newburyport company that employs the van’s passengers. During the crash, both front-seat airbags were deployed in the Ford E-350 Super Duty XLT.

Chelsea Deputy Fire Chief Robert Better says that the lack of skid marks indicates that there may have been a problem with the van’s breaks. Massachusetts State Police and a reconstruction team have yet to conclude their investigation into the cause of the crash.

The tollbooth employees (employed by the Massachusetts Port Authority) that were in the booth when the motor vehicle collision happened did not get hurt but were upset by the accident.

Motor Vehicle Crashes
There are may reasons why a Massachusetts motor vehicle crash can happen, including:

• Auto defect • Driver negligence • Defective traffic lights • Improper signage or insufficient safety precautions on a road • Debris on the road

Crash on the Tobin Bridge injures 13 who were in van, Boston.com, August 29, 2008
Van crashes into toll plaza on Tobin Bridge, WHDH, August 29, 2008
Related Web Resources:

15-Passenger Van Safety Hazards, Public Citizen
Tobin Bridge, Massport.com Continue reading

August 27, 2008

NTSB Issues Preliminary Report on Easton Plane Crash that Left Three People Dead

by Altman & Altman

The National Transportation Safety Board has issued its preliminary report on the August 12 plane crash that left three people dead in South Easton, Massachusetts. Cancer patient Robert Gregory, his wife Donna, and pilot Joe E. Baker were killed in the aviation accident when the aircraft, a Beech G35, crashed into a shopping center parking lot.

While the three-page report does not provide a conclusive explanation for why the plane accident happened, the information suggestions that engine failure was not the reason that Baker lost control of the plane. The NTSB report notes that a pilot-rated witness says he heard the engine running prior to hitting the ground even as the plane spun downward out of the clouds.

Conclusions about the cause of the aviation accident are not expected for another nine months. Potential causes of the crash could include instrument failure, pilot error, or spatial disorientation.

Common Causes of Plane Crashes:

• Pilot error • Defective equipment • Mechanical failures • Traffic controller negligence • Aircraft design defects • FAA violations • Third party negligence
Most plane crashes are catastrophic accidents, and there are often very few survivors. Most aviation crash victims that do survive end up sustaining catastrophic injuries.

Preliminary NTSB report on Easton crash, Boston.com, August 26, 2008 Report suggests engine failure not a factor in Easton crash, Boston.com, August 26, 2008

Medical Flight Crashes in Massachusetts, Killing 3, NY Times, August 13, 2008

Related Web Resource:

National Transportation Safety Board
Continue reading

August 15, 2008

Town of Andover Sued for Personal Injury After Massachusetts Man is Struck by Police Car

by Altman & Altman

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

July 29, 2008

Brookfield Family of Teenager that Sustained Burn Injuries During July 4 Fireworks Says Walker Pond Association Did Not Run Exhibit Professionally

by Altman & Altman

The Massachusetts family of Sean Lavalle, the Brookfield teenager who sustained second- and third-degree burn injuries on his right thigh during a 4th of July fireworks event at the beach on Walker Pond says that the exhibit, held by the Walker Pond Association, was handled by nonprofessionals.

Lavalle and his parents David and Brenda Brown says that friends invited them to attend the July 4 event, which is an advertised event that has taken place on the at Walker Pond for the past several years. Some 200 people were at the event.

According to David Brown, one of the men in charge of lighting the fireworks was drinking beer while igniting the explosives. At one point, the man reportedly stumbled, dropping the road flare he was using to light the fireworks onto a batch of explosives. It was at this point, Brown says, that one of the explosives flew up one of Sean’s pant legs.

Brown took Sean, who was on fire, to the pond to extinguish the flames. He says that he and his wife asked people to call 911, but most people ignored their requests. Sean was eventually transported by golf cart to the parking lot, where his wounds were treated, before he was taken to UMass Memorial Medical Center. Brown says that the Association restarted the fireworks display before Sean left for the hospital.

Sean has already undergone several (and there will likely be more) skin graft procedures. Police that are conducting the investigation say Walker Pond Association has not been very helpful. Law enforcement officers also say that there is no record showing that Walker Pond Association obtained the license that is required to hold a fireworks event.

Family not getting satisfaction after Fourth of July accident, Telegram.com, July 28, 2008
Fireworks-Related Injuries, CDC.gov

Related Web Resource:

Massachusetts Fireworks Laws
Continue reading

July 15, 2008

Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide

by Altman & Altman

In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out • Backdraft from a boat • Riding in the back of an enclosed pickup truck • Working at the scene of a fire • Working with combustible gases or combustion engines in an inside setting
Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008
Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality
Carbon Monoxide Poisoning, CDC Continue reading

May 22, 2008

Massachusetts Man Files $9.9 Million Personal Injury Lawsuit Against the Middlesex Sheriff and the State Prison System From Behind Bars

by Altman & Altman

In Massachusetts, Steven J. Huard, a prisoner at the Middleton jail in has filed a $9.9 million personal injury lawsuit in federal court against the Massachusetts State Prison System, the Middlesex sheriff, other Massachusetts officials, and several doctors.

Steven J. Huard says that jail officials have denied him the proper medical care ever since he began serving his 5-6 year prison sentence. Huard began serving time in prison after he was convicted of assault and battery and resisting arrest charges in 2005.

Huard says he has had chronic health problems since 1989, when he was diagnosed with liver disease. He also sustained a spinal cord injury and bulging discs in 2002. In 2004, he sustained more injuries in a car crash. He also fractured his right hip and ribs when he fell from the roof of a two-story building in 2005. He underwent hip surgery and was told by the surgeon to use a cane, as well as undergo physical and rehabilitation therapies.

May 15, 2008

NHTSA Says Summer Months Are the Deadliest Period for 15-Passenger Vans

by Altman & Altman

The National Highway Traffic Safety Administration says that the greatest number of deadly accidents involving 15-passenger vans take place from June through August each year. The NHTSA issued its latest report this month.

According to the NHTSA, 31% of deadly 15-passenger van rollovers happen during this time because the summer holidays are a busy time for travel.

Data shows that the more people and cargo there are in a 15-passenger van, the greater the chances of a rollover accident. 50% of 15-passenger van fatalities in 2006 happened when the vans were loaded to full capacity. Other common causes of 15-passenger van fatalities include tire problems, driver inexperience, and failure to use a seat belt.

On a positive note, the number of 15-passenger van deaths declined between 1997 and 2006-the period of time that the new NHTSA study encapsulates. There were over 100 15-passenger van-related deaths in 1997 and less than 60 in 2006.

15-passenger vans continue to be one of the motor vehicles most likely to be involved in a rollover accident. A major reason for this is that the vans are designed in a way that the rear of the van, when fully loaded with passengers and cargo, tends to become weighted down. These vans are also designed with what is called a high gravity center that gets heavier the more people are in the vehicle. 15-passenger van accidents can lead to many injury victims-especially in rollover accidents.

Nation’s Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer, NHTSA, May 12, 2008
Fatalities to Occupants of 15-Passenger Vans, 1997-2006, NHTSA (PDF)

Related Web Resource:

15-Passenger Van Safety Hazard Information

NHTSA Action Plan for 15-Passenger Van Safety
Continue reading

May 5, 2008

Fall River Teenager Sues Massachusetts State Trooper For Personal Injury After Strip Search

by Altman & Altman

In Massachusetts, Fall River resident Alyssa Bolduc, is suing Massachusetts State Trooper Allyson Powell for compensatory damages over a strip search that took place during a traffic stop in Dartmouth in March 2007.

Bolduc, 18, says that she and three friends were pulled over because of an unlit headlight. Bolduc says that she had unbuttoned the top button on her pants because she and her friends had just finished eating at the Dartmouth Wendy’s and she was full from her meal.

Although the police stop was for the headlight, Bolduc says that the police officers asked her and her friends if they had drugs or any prior criminal offenses.

February 27, 2008

Judge allows $105 Million Wrongful Death Lawsuit Against NBC’s ‘Predator’ for Suspect’s Suicide

by Altman & Altman

A federal judge is allowing a $105 million wrongful death lawsuit against Dateline NBC: “To Catch a Predator” to proceed. The lawsuit, brought by Patricia Conradt, alleges that her brother, Dallas prosecutor Louis William Conradt Jr. committed suicide because a sting operation accused him of having an online sexual conversation with someone pretending to be a 13-year-old boy.

Patricia is also accusing NBC of “steamrolling” police into arresting Louis, 56, after he did not appear at the sting operation site. She is blaming NBC for causing her brother’s suicide and ruining his reputation.

NBC conducts the sting operation with Perverted Justice. Police officers pose as underage kids during the chats. The disguised officers try to persuade the men to come to a house with hidden cameras under the pretense that they will be having is sex together. At the house, the program’s host confronts them and police make their arrests.

February 22, 2008

Boston Couple Sues Funeral Home for Losing Stillborn Baby’s Remains

by Altman & Altman

In Suffolk County Superior Court in Massachusetts, the civil trial between a Boston couple and J.S. Waterman and Sons funeral home began on Thursday. Robert and Therese Bellisimo Benedict are suing the Boston funeral home for losing their stillborn son’s remains and possibly cremating him with the body of an adult woman.

The boy, named Lourdes, was a twin who died in Therese’s womb at Brigham and Women’s Hospital in April 2003. His brother, Cole, survived.

The Benedicts retained the services of the funeral home to take care of their son’s remains while they took care of Cole, who had been born premature. A casket was purchased for the body, and they intended to eventually lay their son to rest in an Everett cemetery.