Wrongful Death

August 13, 2009

Man Agrees to Clinton, Massachusetts Wrongful Death Settlement Over Wife’s Stabbing Murder at KFC-Taco Bell Site

A Gardner man who lost his wife when she was murdered by a construction worker at the fast food chain where she was employed has reached a Massachusetts wrongful death settlement over the case. The plaintiff and the defendants arrived at an agreement on August 4, while the Worcester Superior Court jury was in its second day of jury deliberations over a possible verdict.

Thomas Miller’s wife Sherylann Miller was stabbed to death in December 2000 at a KFC-Taco Bell that was under construction in Clinton. She was the manager of the restaurant.

The man who was convicted of her murder, Quillie Merle Spray III, was a tile setter who worked at the site. He has been sentenced to life in prison for Sherylann’s stabbing death.

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 16, 2009

Supreme Judicial Court Upholds $4.4 Million Wrongful Death Award for Family of Yarmouth Man Fatally Injured in Gillette Stadium-Massachusetts Bus Accident

by Altman & Altman

The Supreme Judicial Court has upheld the Massachusetts wrongful death award that a jury gave to the family of a Yarmouth man who died after the bus he was riding was hit by a large security gate arm. The tragic Foxborough, Massachusetts premises liability accident happened in 2003 as the bus was driving through an empty parking lot.

As wind struck a 300-pound metal parking gate that should have been secured, the gate swung open, crashing through the windshield and causing an 8-inch double shafted pole to strike 64-year-old Thomas Kelly. Five other people were injured in the tragic accident. One woman who was injured had to have one of her legs amputated below the knee.

Kelly broke his right leg and mangled his left leg in the accident. After undergoing multiple surgeries, he died several weeks later.

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

June 18, 2009

Boston Wrongful Death: Government Ordered to Pay $6.25 Million to Family of Revere Club Owner Murdered by Mob

by Altman & Altman

In Massachusetts, US District Judge William G. Young told the federal government that it must pay the family of Richard J. Castucci $6.25 for his wrongful death. Castucci, a Revere nightclub owner, was murdered in 1976 in a mob slaying organized by FBI Informants Stephen Flemmi and James Bulger. Bulger, is also known as “Whitey” Bulger and Flemmi has been called “The Rifleman.”

Young awarded Castucci’s widow $3 million for loss of financial and emotional support. Two of the murdered man’s children, Brian and Lisa, were each awarded $750,000. His two other children, Richard and Denise, are to each receive $500,000. The family received an additional $743,600 for the income that Castucci would have made if he hadn’t died, as well as $8,000 for funeral costs.

Flemmi, who is serving a life prison sentence, and John Martorano, a former hit man who became a government witness, provided details about Castucci’s murder. After Bulger and Flemmi discovered that Castucci was an informant, Martorano shot him in the head.

June 8, 2009

Boston Wrongful Death: Families of Firefighters Killed in West Roxbury Restaurant Blaze Agree to $2.2 Million Settlement

by Altman & Altman

In Massachusetts, the families of Boston firefighters Warren J. Payne and Paul J. Cahill have reached a $2.2 million Boston wrongful death settlement with defendants Tai Ho Mandarin and Cantonese restaurant, J& B Cleaning, and the restaurant’s landlord, Continental Realty LLC. The two men died in 2007 while trying to put out a fire at the restaurant. 12 other firefighters were sent to the hospital following the blaze.

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

May 19, 2009

City of Methuen Reaches $600,000 Massachusetts Wrongful Death Settlement with Family of Boy Crushed by 1,600 Pound Iron Gate

by Altman & Altman

In Massachusetts, the family of Timothy DiLeo will receive $600,000 for his wrongful death from the city of Methuen. DiLeo died on Labor Day 2007 at Tenney Grammar School after a 1,600-pound iron gate fell on top of him. He was 11.

Two of DiLeos brothers and another boy were playing at the school when the gate fell on Timothy and his 8-year-old brother Andrew. Lifting the gate off the two boys required the strength of several men, including police officers and the boys’ father. Andrew, who survived the Massachusetts premises liability accident, sustained serious injuries. Brandon LaPorte, then 13, sustained minor leg injuries.

In September 2007, Essex County prosecutors ruled the tragic incident an accident and no criminal charges were filed. However, the city of Methuen has acknowledged liability for the Massachusetts wrongful death because it left the gate unhinged and unsecured in an area where children had access. The settlement figure is the maximum amount that the DiLeos can seek under Massachusetts law.

May 3, 2009

Whitey Bulger Victims’ Families Awarded Nearly $8.5 Million for Their Massachusetts Wrongful Deaths

by Altman & Altman

US District Judge William G. Young is ordering the US government to pay the families of Edward “Brian” Halloran and Michael Donahue nearly $8.5 million for their Massachusetts wrongful deaths. The surviving family members of two men who were shot to death in Boston in 1982 by FBI informant James “White” Bulger.

Issuing his ruling on Friday, Judge Young accused the government of negligence, self-interested hubris, inattention, and corruption and, as a result, of causing the two men’s murders. The court had already found the FBI responsible for the men’s deaths because of the way it had managed Bulger and informant Stephen “The Rifleman” Flemmi.

Donahan, a truck driver, was an innocent bystander who just happened to be there when Bulger and another person decided to shoot Halloran. Flemmi has admitted under oath that it was ex-FBI agent John J. Conolly Jr. who informed him and Bulger that Halloran, who was also working with the FBI, had implicated them in the 1981 slaying of a Tulsa businessman.

Judge Young awarded Donahue’s widow and three sons $6.4 million for his wrongful death. He awarded Halloran’s widow over $2 million.

The US government has not decided whether it will appeal the wrongful death awards. This is the second judgment issued against the US government to the family members of people that Bulger has murdered. In 2006, a judge awarded $3.1 million to the mother and brother of Quincy fisherman John McIntyre for his murder because the FBI once again mismanaged informants Flemmi and Bulger.

Families of ‘Whitey’ Bulger victims win nearly $8.5m in suit, Boston.com, May 1, 2009
Families awarded $8.5m in mob case, Boston.com, May 2, 2009

Related Web Resources:
James J Bulger, FBI.gov
Stephen ‘The Rifleman’ Flemmi, Boston.com
Suing the Government for Negligence: The Federal Tort Claims Act, NOLO.com Continue reading

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.