Wrongful Death

March 17, 2008

Haverhill, Massachusetts Woman Awarded $8.5 Million Verdict for Motorcyclist Husband’s Wrongful Death

Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

March 12, 2008

Woman Sued for Wrongful Death in Deadly Massachusetts Car Accident

by Altman & Altman

A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

March 7, 2008

US Government Wants $3.1 Wrongful Death Verdict of Quincy Fisherman Allegedly Killed by James “Whitey” Bulger Overturned

by Altman & Altman

The U.S. government is asking a federal appeals court to overturn a wrongful death verdict awarding $3.1 to the family of Quincy fisherman John McIntyre for his murder. McIntyre was allegedly murdered by FBI Informants James “Whitey” Bulger and Stephen “The Rifleman” Flemmi.

The government says the FBI is not responsible for the actions of their rogue agent, John J. Connolly Jr., who they accuse of betraying them when he notified the two informants that McIntyre was cooperating against them-resulting in the Quincy man’s murder.

The government says that Connolly crossed the line and became a criminal by betraying the FBI. The rogue FBI agent also allegedly received over $200,000 in bribes from Flemmi and Bulger.

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 14, 2008

Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents

by Altman & Altman

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence • Aggressive driving
• Driver inexperience • Bad road designs • Bad weather
In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics
Continue reading

February 8, 2008

$67 Million John Ritter Wrongful Death Lawsuit Goes to Court

by Altman & Altman

This week, attorneys involved in John Ritter wrongful death lawsuit began jury selection. The case finally goes to court more than four years following the September 2003 death of the beloved actor.

The late actor’s wife, actress Amy Yasbeck, and his children are suing cardiologist Joseph Lee and radiologist Matthew Lotysch, who both treated the actor. The trial will take place at Los Angeles County Superior Court in California.

Lotysch saw the actor in 2001. After conducting a body scan, the radiologist reported that there was nothing wrong with Ritter’s aorta but recommended that he see a cardiologist. Ritter did not pursue further treatment after Lotysch’s diagnosis. Ritter’s family says that Lotysch should have noticed that his aorta was enlarged.

February 5, 2008

90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue

by Altman & Altman

Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians-especially at night or during rain or snow storms. When a driver’s carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008

Focusing on the Senior Pedestrian, U.S. Department of Transportation

Related Web Resources:

Traffic Safety, NHTSA
Street Smarts for Seniors, Canada Safety Council
Crash Statistics, PEDSAFE Continue reading

January 31, 2008

Wrongful Death Lawsuit Filed in Death of Boy Who Drowned In Pool Drain Suction Accident

by Altman & Altman

The parents of Zachary Cohn, a six-year-old boy who died last July after his arm got stuck in an underwater suction drain in the deep end of their swimming pool, have filed a wrongful death lawsuit against the town of Greenwich, Connecticut, Shoreline Pools, as well as several other defendants.

According to the lawsuit, Zachary’s father Brian and another person tried to pull the boy free but the suction of the drain was too strong. The mechanism to shut off the suction could not be located in time. His mother, Karen Cohn, turned off the power to the house and the pool but it was too late.

According to the wrongful death lawsuit, the swimming pool did not meet minimum safety standards and had a number of serious code violations-all of which increased the chances of fatalities occurring in the pool.

January 30, 2008

Boston Wrongful Death Lawsuit Is Filed After 86-Year-Old Dorchester Woman Sustains Fatal Head Injury In Operating Room Table Fall

by Altman & Altman

The family of Catherine O’Donnell, the 86-year-old woman who died after falling from an operating room table at Boston Medical Center in Massachusetts, has filed a wrongful death lawsuit against the doctor, two nurses, an orthopedic resident, and an anesthesiology resident-all who were in the operating room at the time.

O’Donnell was undergoing orthopedic surgery on October 6 when she fell through a gap in the surgical table she was on. A nurse had removed the safety strap around O’Donnell to move her to a hospital bed when the fall accident occurred.

O’Donnell sustained a massive head injury. A second surgery had to be performed to try and stop the internal bleeding in her brain. Her family removed her from life support on October 13 after doctors told them that recovery was unlikely.

December 28, 2007

Toby Keith’s Family Wins $2.8 Wrongful Death Lawsuit

by Altman & Altman

A jury awarded country music star Toby Keith and his family $2.8 million in the wrongful death of his father, H.K. Covel, who was killed in a motor vehicle crash in 2001. Keith, his mother Carolyn Covel, his sister Tonni, and his brother Tracey were the other plaintiffs named in the lawsuit.

Elias Rodriguez and Pedro Rodriguez of Rodriguez Transportes and the Republic Western Insurance Co. were named as defendants in the wrongful death lawsuit.

Details of the Fatal Crash: