Wrongful Death

April 6, 2011

Taylor Meyer’s Family Settles Norfolk Wrongful Death Lawsuit with Two of the Defendants

More than two years after 17-year-old Taylor Meyer drowned in a swamp near the abandoned Norfolk Airport, her family has settled her Massachusetts wrongful death lawsuit with Plainville siblings Brian and Paige Zuzick. Meyer died after wandering off from an underage drinking party at the old airport on October 17, 2008.

Meyer’s family contends that friends directed a drunken Taylor, who had attended three parties that evening, toward the swamp instead of the street. She was found three days later, face-down in the shallow water that was no more than 100 yards from where the party had taken place.

In their Norfolk wrongful death complaint, the plaintiffs accused Brian of having a friend purchase two bottles of rum, which he gave to Paige, who offered some of the alcohol to Meyer. The friend accused of buying the alcohol, North Attleboro resident Sean Flynn, is still a wrongful death defendant, as are Dianne Stark from Wrentham, Matthew Dusseault of Norfolk, who is accused of bringing beer to the airport party, and Matthew Riddoch, also of Norfolk, who allegedly was one of those involved in setting up the party area.

March 29, 2011

Massachusetts Auto Products Liability Lawsuit Seeks Damages from Mitsubishi Over Deadly SUV Rollover in Revere

by Altman & Altman

The parents of Jason Alan Foster are suing Mitsubishi for his Revere, Massachusetts wrongful death. Foster, then a 17-year-old Ipswich teen, was fatally injured in a SUV rollover crash on Route 1 on August 6, 2009.

Foster and another person were riding in the rear seat of a 2000 Mitsubishi Montero when the driver, an inexperienced teen, lost control of the SUV, which rolled over on a curve. Foster and 16-year-old girl were both thrown from the vehicle. She also died from her injuries.

In their Revere auto products liability complaint, Michelle and Charles foster claim that the SUV rollover occurred because the Montero had an “unreasonably dangerous” design. Their Boston wrongful death lawyer says that this particular Mitsubishi vehicle is “notorious” for its involvement in rollover accidents. The Fosters are alleging that the vehicle displayed poor maneuverability, had a high gravity center, was prone to oversteering, and had been designed in a way that did not protect occupants during rollovers. They also contend that Mitsubishi did not “properly warn” about the vehicle’s flaws, defects, or flawed design even though a number of plaintiffs had already filed civil complaints about these problems.

March 16, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident

by Altman & Altman

State officials are ordering a statewide investigation of escalators, after 4-year-old Mark DiBona fell two stories down an escalator in a Sears store at the Auburn Mall on Friday. The Dudley boy landed on a store display and sustained serious injuries during the Massachusetts escalator accident. He died the following day.

Earlier this week, two inspectors were suspended because they did not block off a gap at the top of the escalator. Although the gap should have only been 4 inches wide, it was 6 ¼ inches. A barricade should have been placed between the wall and the side of the escalator to restrict the opening’s size. All escalators that the two inspectors checked will be looked at again.

There are about 975 escalators in the state. Each one is inspected annually.

March 15, 2011

Family Wants the Right to Sue Bank of America for Waltham Man’s Massachusetts Wrongful Death

by Altman & Altman

Nearly two years after Waltham resident Philip Grossman checked into a Woburn hotel and committed suicide, his family wants to sue Bank of America for his Massachusetts wrongful death. The 65-year-old computer consultant killed himself after he and his wife lost over half their savings.

Until 2007, Grossman had never placed his money in anything riskier than certificates of deposit. He decided to work with a broker at Bank of America’s investment arm on the advice of his longtime banker at the bank and because he thought he would earn more money without great risk to his savings. Grossman’s family claims he lost $400,000 during the economic crisis because his broker, Clifton Spinney, had invested his money more aggressively than promised.

His wife and daughter filed their civil suit alleging Massachusetts wrongful death, negligence, negligent misrepresentation, and breach of fiduciary duties. Unfortunately, because Grossman signed an agreement that any dispute with Bank of America needed to be worked out in private arbitration, his family is finding that getting their day before a jury in civil court is proving difficult.

March 10, 2011

Medication Overdose: Boston Medical Malpractice Lawsuit Claims Massachusetts General Hospital Gave 76-Year-Old Woman the Wrong Blood Thinner

by Altman & Altman

The family of Geraldine Oswald believes that she died because of a medical mistake. The 76-year-old Revere woman died last year after she was given too much blood thinner while in the care of Massachusetts General Hospital. Now, they are suing for Boston wrongful death and medical malpractice. Defendants include the hospital, two nurses, and five doctors.

According to Oswald’s daughter Donna Beatrice, her mother fell and broke her shoulder last year. After she developed a minor urinary tract infection, a nurse at the hospital gave her “thirty times more” Lepirudin than the dose that she should have received. Oswald ended up bleeding internally for 12 hours before she died. Beatrice’s Boston medical malpractice lawsuit claims that at the end, the elderly patient started bleeding through her body’s orifices and became unresponsive. The family contends that doctors didn’t realize how serious her condition was until it was too late.

Hospital officials have admitted to the Massachusetts medication mistake. They say that it could have been prevented. Per a report that it gave to the family, the hospital admits that the day nurse knew what dose to give Oswald but made a mistake when putting the dose into the IV pump.

February 28, 2011

Craigslist Murder: Victim’s Mother May Sue Copley Marriott Hotel for Boston Wrongful Death

by Altman & Altman

According to the Boston Globe, the mother of Julia Brissman, the alleged victim of the man dubbed the Craigslist Killer, is considering filing a Boston wrongful death lawsuit against the Copley Marriott Hotel and a New Hampshire gun shop. Brissman was shot numerous times at the Back Bay hotel in 2009.

Philip Markoff, a Boston University medical student, was arrested on suspicion of being the Craigslist Killer. He was charged with Brissman’s murder. He later committed suicide while in jail and before his case could be tried.

Markoff was dubbed the Craigslist Killer because he allegedly met his victims through ads the women had placed on the popular Web site. The criminal case against Markoff was dropped after his death.

Now, Brissman’s mother, Carmen Guzman says she is frustrated with the Suffolk District Attorney’s Office for not releasing the case against Markoff. Guzman believes that the file could help her make a case for Boston wrongful death against both the Marriot hotel and the State Line Gun Shop where Markoff bought the gun that killed her daughter.

Guzman wants to see if the case files contain evidence that would show whether inadequate security-grounds for Boston premises liability-played a role in her daughter’s murder. She also believes the information could help her and her attorney determine whether the gun shop was negligent in selling the gun to Markoff.

Boston Premises Liability
Hotel and motel owners must make sure that they have adequate security on the premise so that robberies, sexual assault crimes, physical assault crimes, and murders do not happen to visitors or guests. Proper lighting, security cameras, security personnel, safes in the rooms, and locks on doors and windows are some of the ways that property owners can deter robbers, rapists, and murderers.

Mother awaits file on slaying, Boston.com, February 28, 2011
Craigslist Killer’s Suicide Shock, The Daily Beast, August 16, 2010

Related Web Resources:
Craigslist

Copley Marriott Hotel

More Blog Posts:
$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs, Boston Injury Lawyer Blog, February 27, 2011
Revere Man is Fatally Shot in His Apartment Building, Boston Injury Lawyer Blog, January 31, 2011
Gloucester Teen Files Lynn Personal Injury Lawsuit Against MBTA Over Elevator Rape, Boston Injury Lawyer Blog, August 17, 2010 Continue reading

February 27, 2011

$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs

by Altman & Altman

A judge has awarded the family of Jacob Freeman $6.8 million in Boston wrongful death damages. Freeman, a Northeastern University Student, died nearly four years ago after falling down a flight of stairs at Our House East, a Boston bar on Gainsborough Street.

In her Boston premises liability ruling, Suffolk Superior Court Judge Elizabeth M. Fahey noted that even though Freeman’s BAC was .208 when he fell down the stairs going to the basement in the early hours of April 1, 2007, the staircase was poorly lit, lacked a landing, possessed inadequate railings, and was hazardous in other ways. She also notes that vinyl stripes likely made it hard for Freeman to see that there was a staircase there.

Fahey says that she ordered Gainsboro Restaurant Inc. to pay damages on the grounds that not only did the bar ignore the safety hazards that the stairs presented-no repairs were made following two previous incidents of people falling there-but also for decades the bar had been violating the city’s permitting process, including never getting the permit required to run a bar.

February 18, 2011

Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple

by Altman & Altman

The Boston Herald is reporting that according to fire safety officials, an electrical problem appears to have caused the fire that claimed the lives of 82-year-old Douglas Anderson and his 84-year-old Gladys. The two were found inside their burning home in Westfield, Massachusetts yesterday afternoon.

Police say that smoke inhalation appears to have been the cause of death. There were no working smoke alarms in the house’s first or second floors. The fire appears to have started in a bedroom on the first floor where the damage seems to have been contained. However, the house’s interior sustained heavy smoke damage. Depending on what the electrical issue was, the Andersons’ adult children may have grounds for filing a Massachusetts wrongful death claim.

Common causes of house fires:
• Cooking accidents • Smoking accidents • Heating accidents • Electrical accidents • Faulty electrical wiring • Machinery or appliance defects
Fires can lead to burn injuries, disfigurement, smoke inhalation, scarring, and death.

Smoke Inhalation
According to emedicinehealth.com, smoke inhalation is the number one cause of death. 50-80% of fire fatalities are caused by smoke inhalation. Signs of smoke inhalation may include coughing, shortness of breath, breathing issues, irritated eyes, change in skin color, soot in the throat or nose, headaches, confusion, seizures, fainting, or coma.

If you believe that a fire that resulted in injury or death was caused by another party’s negligence, you may have grounds for a Massachusetts personal injury case.

Westfield residents Gladys and Douglas Anderson killed in fire at their Overlook Drive home, MassLive, February 17, 2011
Elderly couple die in Westfield fire, Boston Herald, February 18, 2011

Related Web Resources:
Home Fire Safety Tips

Smoke Inhalation, emedicinehealth

More Boston Injury Lawyer Blog Posts:
Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009
58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008 Continue reading

February 16, 2011

Boston Wrongful Death Lawsuit Filed Against American Medical Response After Ambulance Patient is Dropped on Her Head

by Altman & Altman

Peter Zacarelli is suing American Medical Response for Boston wrongful death. Zacarelli is the brother of Barbra Grimes. The 68-year-old woman died from a brain bleed five days after an ambulance crew allegedly dropped her head-first on the ground.

At the time of the Boston fall accident, Grimes was being taken to a Plymouth hospital for her dialysis treatment. The Department of Public Health has said that she died as a result of human error. American Medical Response is the largest ambulance company in the US.

Whether a medical worker is transferring a patient from a bed to a wheelchair or transporting the patient via ambulance or down a way walkway, there are proper procedures that should be followed to ensure that a patient isn’t dropped or doesn’t fall onto the ground. Fall accidents can lead to broken bones, traumatic brain injury, back injuries, neck injuries, broken hips, and other health complications.

February 11, 2011

Two Infant Deaths Spur Recall of 1.7M Summer Infant Video Baby Monitors

by Altman & Altman

The Consumer Product Safety Commission is recalling approximately 1.7 Summer Infant baby monitors following two infant deaths by strangulation. Included are over 40 different models of digital, handheld, and color models. The company issuing the recall is called Summer Infant, which will provide users with better instructions.

If you have one of these baby monitors, our Boston products liability lawyers want to remind you to adhere to the instructions of Summer Infant and CPSC and make sure that the cameras and their cords are out of your child’s reach. Per the CPSC, one baby, 10 months, died last March when she was strangled after getting caught in a monitor camera’s cord. The monitoring device had been placed on top of the crib rail. In November, a 6-month-old-baby died from strangulation because of the monitor’s electrical cord. The baby monitor had been placed on the changing table next to his crib.

Also, a 20-month old toddler was almost strangled after the camera monitor’s cord ended up around his neck. Even though the monitor camera had been hooked to the wall, the boy was able to reach the cord.