Wrongful Death

April 14, 2009

Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment

The Massachusetts wrongful death lawyer of a woman whose husband and two sons were killed in a fire at an illegal apartment is seeking to attach the assets of landlords Jinny Xiu Ma and Andy Huang. The two property owners are the defendants of the $10 million wrongful death lawsuit filed on behalf of 27-year-old Terri Knight. Knight, who survived the fire, remains in intensive care in Boston. The blaze, which occurred on March 25, claimed the lives of Knight’s spouse, 37-year-old Oudah Frawi, and the couple’s sons, Ali, 1, and Hussein, 1 month.

The fire took place in the family’s basement apartment which, authorities say, was illegally constructed. The unit did not have a safe escape route, lacked smoke detectors, and the house the apartment was in was illegal wired with just four utility meters when in fact six meters were needed because there were six units in the building. The blaze broke out when a sofa in the apartment caught fire, emitting toxic, thick smoke. Knight’s Massachusetts wrongful death lawsuit contends that the family’s apartment was negligently maintained, illegal, and lacked rudimentary protections.

Following the tragic deaths of Knight’s family members, Quincy fire officials began cracking down on illegal apartments. On Freeman Street, they evacuated basement apartments in two houses after discovering six illegal units. They say the code violations at these buildings were some of the worst they had ever seen.

March 9, 2009

Massachusetts to be Sued for Wrongful Death of Couple Murdered by Convicted Killer Tavares

by Altman & Altman

The families of Brian and Beverly Mauck have notified the state of Massachusetts that it is going to be one of the defendants that will be sued for the couple’s wrongful deaths. The Maucks were shot to death on November 17, 2007 by convicted murderer Daniel J. Tavares, Jr.

Tavares, 42, had been released from prison four months before the Maucks’ murders. Tavares, who is mentally ill and has a drug addiction problem, had just finished a lengthy prison sentence for murdering his mother with a carving knife when he was set free. At the time, he was facing new assault charges and a prosecutor had warned that he might flee.

According to the families’ wrongful death attorneys, the state of Massachusetts failed in its duty to protect others from Tavares, who is an “incredibly severe danger.” The couple’s estates also plan to sue a number of Massachusetts public safety officials, as well as the Worcester district attorney’s office, the Department of Correction, Executive Office of Public Safety and Security, and the state police. The families are accusing the defendants of negligence in the way they handled Tavares’s release.

February 2, 2009

Family Of Marine Who Was Refused Care At The VA Hospital In Massachusetts to Receive Wrongful Death Settlement

by Altman & Altman

A $350,000 wrongful death settlement has been reached between the federal government and the family of a US marine reserve corporal who was refused care at the Veterans Administration hospital in Leeds, Massachusetts. Marine Reserve Corporal Jeffrey Lucey hanged himself in June 2004.

According to his family, the 23-year-old soldier was drinking heavily, severely depressed, and having trouble sleeping after he returned from Iraq in 2004. He was treated at the Massachusetts VA hospital’s psychiatric ward.

Two days after Lucey was released from the medical facility, he tried to kill himself by crashing the family car. It was at this point that the VA hospital refused to readmit him. A nurse reportedly made this decision without having a psychiatrist evaluate Lucey. According to his parents’ wrongful death lawsuit, the VA wouldn’t treat Lucey for post-traumatic stress disorder because he needed to become sober first.

January 23, 2009

Massachusetts Man Awarded $2 Million for Wrongful Death of Wife Due to Medication Error During Cesarean Delivery

by Altman & Altman

In Salem Superior Court, a jury awarded the family of Priscilla Jardine $2 million for her wrongful death. Jardine died on February 26, 2004 soon after giving birth to a baby girl during an emergency cesarean section. The jury issued its Massachusetts wrongful death verdict after finding that Jardine’s obstetrician, Dr. Debra Gail Knee, acted negligently when she recommended that the 32-year-old then pregnant mother take the drug labetalol.

As a result of taking the drug, Jardine’s blood pressure fell to dangerous levels and decreased her unborn baby’s fetal heart rate so that it became undetectable. Soon after delivering her daughter, Jardine went to cardiac arrest and died. Knee’s lawyer says that his client did not issue the directive for Jardine to take the medication and that another doctor who made the call has acknowledged that it was exclusively on his order.

According to the wrongful death lawsuit, hospital staffers told Jardine’s family that labetalol was “safe.” Information from the drug’s manufacturer, however, warns that patients suffering from congestive heart failure should not take the medication. A nurse at Caritas Family Hospital followed orders and administered labetalol to Jardine even though the pregnant woman was exhibiting symptoms that her heart was failing.

January 11, 2009

Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors

by Altman & Altman

Investigators looking into the deadly accident involving a Boston Fire Department ladder truck driving through an intersection and ramming into a high-rise apartment building are examining the vehicle’s brakes. The focus on catastrophic brake failure as a possible cause for the fatal crash comes after reports from survivors that the fire truck’s driver frantically pumped on the brakes in an effort to stop Ladder 26 from flying down Parker Hill Avenue and crashing into the building that housed a computer learning center.

Four children that were working in the center at the time of the Boston truck accident suffered minor injuries and were taken to local hospitals. Fire Lieutenant Kevin M Kelley, who was riding in the fire truck’s front passenger seat, died immediately on impact. Two other firefighters in the backseat of the truck sustained minor injuries. Fire truck driver Robert Bernard O’Neill was released from Brigham & Women’s Hospital on Saturday.

Boston Fire Commissioner Roderick Fraser has ordered an outside inspection of the brake systems on 44 Boston fire trucks, which were made by the same manufacturer. While officials are careful to caution that nothing has been found yet to indicate that brake failure was the cause of the crash, the fire truck’s maintenance records indicate that the vehicle has had brake problems in the past.

In 2006, the truck crashed into another building. Fortunately, no one was injured. Also, following a routine inspection in October, a faulty brake hose was replaced.

Video footage from security cameras at different apartment buildings on Parker Hill Avenue showed that the truck driver could have slowed the truck down by purposely driving into other motor vehicles that were parked on the street. However, this could have caused injuries to others.

Fire union officials have complained in the past about poor fire equipment maintenance, including inadequate truck maintenance. The Fire Department board of inquiry is also expected to conduct its own probe into the fire truck accident.
Crash survivors fault the brakes, Boston.com, January 11, 2009
Boston fire truck smashes into building; 1 dead, Associated Post, January 10, 2009

Related Web Resources:

Fire Department – City of Boston

Labor and Workforce Development, Massachusetts.gov Continue reading

January 7, 2009

Massachusetts Wrongful Death Lawsuit Filed Against Plymouth Police Alleges Police Brutality

by Altman & Altman

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.

December 12, 2008

Two Middleborough Teens Killed in Massachusetts Car Accident

by Altman & Altman

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
– In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
– In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
– Motor vehicle accidents is the number one killer of people, ages 15 – 20.
– 3,174 drivers, ages 15-20, died in auto crashes last year.
– 252,000 were injured.
– 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
–

In Massachusetts:
– 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
– 36 of the victims were young drivers operating one of the vehicles.
– 28 of the fatalities were occupants of vehicles driven by young drivers.
– 16 of the people that died were riding in other vehicles.
– 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008
Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov Continue reading

December 10, 2008

Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths

by Altman & Altman

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
Continue reading

December 4, 2008

Marlborough Worker’s Widow to Receive $1.2 Million for Massachusetts Wrongful Death

by Altman & Altman

The widow of a worker who died after he was crushed by 2,500 pounds of granite has settled her Massachusetts wrongful death lawsuit with a company for $1.2 million. As part of the agreement, the name of the company that settled the lawsuit will remain confidential.

Valdecir Rodrigues died after a number of granite slabs fell on him, crushing his chest and suffocating him during a work accident on October 3, 2005.The 38-year-old died from his injuries.

Valdecir had been employed at ASI Industries, LLC when the accident occurred. Another company, Atlantic Stone Industries LLC, had retained a safety expert to train and oversee ASI’s workers but did not pay him. The two companies are no longer in business, but Elisabete Rodrigues received $675,000 in workers’ compensation benefits for her husband’s death.

The wrongful death settlement report says that ASI did not have any training manuals and failed to conduct safety meetings. The company also is accused of failing to put in place the proper safety mechanisms. Meantime, employees, who were not trained, were expected to show new workers how to do their jobs.

Prior to Valdecir’s death, the Occupational Safety and Health Administration had cited ASI for numerous health violations. Following his death, a federal investigation discovered 15 serious safety and health violations at ASI, including the improper training for how to work with granite slabs and the improper storage of the slabs.

Elisabete’s Massachusetts wrongful death lawyers say Valdecir’s death could have been prevented if proper regulations had been implemented. They say that unfortunately, many immigrants who are unfamiliar with their rights as workers are hired to do dangerous jobs.

Storing, Unloading, Handling, and Transporting Stone, Marble, and Granite Slabs
Working with granite, stone, or marble slabs can result in serious injuries or death, which is why it is important that the proper safety precautions are in place to minimize any dangers. Workers must also be trained on how to work with the heavy slabs.

Widow of worker killed by granite slab settles for $1.2 million, Metrowest Daily News, November 23, 2008
Hazards of Transporting, Unloading, Storing and Handling Granite,
Marble and Stone Slabs, OSHA
Related Web Resources:

Department of Industrial Accidents, Massachusetts.gov
Workers’ Compensation, Justia Continue reading

December 2, 2008

Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia

by Altman & Altman

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus’ lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008
Wal-Mart death preventable, union says, CNN, November 30, 2008
Related Web Resources:

Workers’ Compensation, Justia Continue reading