Wrongful Death

December 20, 2007

Massachusetts Jury Awards Family $6.1 Million Wrongful Death Verdict In Gillette Stadium Metal Gate Lawsuit

The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the wrongful death lawsuit against Foxboro Realty Associates, Standard Parking, and Apollo Security. A Suffolk Superior Court jury awarded the $4.4 million judgment on Tuesday. With interest, the total could reach $6.1 million. The judgment will be shared between Kelly’s two sons and his wife.

Thomas Kelly, 64, was a retired high school English teacher who died in 2003 when the bus he was riding in was struck by a 300-pound gate at the Gillette Stadium Parking Lot in Foxboro. The gate slammed into the bus after being blown by a gust of strong wind. Its 8-inch double shafted pole smashed into the bus’s windshield and shot diagonally across the aisle.

The gate pierced the side of the bus and injured six people, including Kelly. He and two others were pinned by the pole. He broke his right leg and mangled his left one. Kelly underwent a number of surgeries and died from his injuries a few weeks later.

December 19, 2007

Massachusetts Family of Big Dig Victim May Agree to Settle Wrongful Death Lawsuit for $6 Million

by Altman & Altman

The Massachusetts family of a 38-year-old Jamaica Plane woman who died when the Big Dig Tunnel ceiling collapsed last year may be close to reaching a settlement agreement with Powers Fasteners, the company that provided the ceiling bolt epoxy that is believed to be responsible for the collapse. Powers Fasteners also faces an involuntary manslaughter charge in Milena Del Valle’s death.

There are 15 defendants named in the multimillion-dollar lawsuit filed by Del Valle’s family. Other defendants named include the Massachusetts Turnpike Authority, Big Dig project manager Bechtel/Parsons Brinckerhoff, and a number of contractors.

Del Valle’s husband and three children are named as plaintiffs in the Boston wrongful death lawsuit. The family is asking for hundreds of millions of dollars as compensation for the “outrageously egregious” acts that led to Del Valle’s tragic death.

The wrongful death accident occurred on July 10, 2006 when concrete ceiling panels in the Interstate 90 connector tunnel fell onto the car that Del Valle was in. Her husband Angel was also in the motor vehicle during the deadly accident but survived.

An investigation by federal investigators showed that workers had applied the wrong epoxy when making the tunnel ceiling secure. Powers Fasteners supposedly failed to warn project managers and construction contractors that using the wrong fastdrying glue on the ceiling could have catastrophic results. Powers disputes this, claiming that it notified engineers that the fast-set epoxy should not be used to secure the tunnel ceiling.

Big Dig victim’s kin may settle suit, Boston.com, December 12, 2007
Possible settlement for family of woman killed in Big Dig disaster, WHDH, December 12, 2007
Powers Fasteners denies negligence in Big Dig tunnel’s ceiling collapse, Industrial Distribution, October 9, 2007

Related Web Resources:

Big Dig Ceiling Collapse, Boston.com
The Big Dig, Massachusetts Turnpike Authority
Powers Fasteners
Continue reading

December 12, 2007

Massachusetts Supreme Judicial Court Rules that Doctor Can Be Liable if Patient Causes Motor Vehicle Accidents

by Altman & Altman

The Massachusetts Supreme Judicial Court issued a ruling earlier this week that says a doctor can be sued for personal injury if his patient caused a deadly car accident.

The case before the SJC involved a mother who wants to sue a doctor because he allegedly did not warn his patient that taking his medication could cause him to become a dangerous driver. The doctor, Dr. Roland Floria, practices medicine in Brockton, Massachusetts.

On March 22, 2002, Floria’s patient, David Sacca, 75, passed out while driving his car. His vehicle swerved off the road and struck Kevin Coombes, 10, who was standing on the sidewalk. Coombes died of his injuries from the accident. Dr. Floria had prescribed oxycodone, prednisone, Zaroxolyn, Paxil, potassium, furosemide, oxazepam, and Flomax to Sacca. Side effects of these drugs can include fainting, drowsiness, and dizziness.

In the court’s lead opinion, Justice Roderick L. Ireland compared Dr. Floria’s failure to warn Sacca about his medications’ side effects to a bartender giving a drunken customer a drink. He said that the physician’s duty of care includes “all those foreseeably put at risk by his failure to warn about the effects of the treatment he provides to his patients.”

This is the first time that Massachusetts’s SJC has issued such a ruling. Two earlier state Superior Court rulings had held doctors liable when their patients struck a pedestrian and biker. The ruling by the SJC, however, could make it easier for similar lawsuits holding doctors accountable for their patients’ actions to follow.

Dr. Dale Magee, the head of the Massachusetts Medical Society that represents the majority of Massachusetts’s doctors says that the ruling “may do more harm than good.” Magee noted that doctors should warn patients of possible medicinal side effects. He expressed concern, however, that informing a patient of every possible scenario could stop them from taking their medication.

The Supreme Judicial Court’s ruling paves the way for a wrongful death trial to determine whether Floria is liable for the boy’s death. Prior to this ruling, a doctor’s liability regarding failure to warn ended with the patient. Now, a physician’s liability could extend to “foreseeable” third parties and nonpatients.

If you or someone you love was injured in a car accident, truck crash, bicycle collision, or pedestrian accident anywhere in Massachusetts, you should contact a personal injury lawyer immediately.

Mass. Supreme Court Expands Doctors’ Liability to Nonpatients, Insurance Journal, December 11, 2007
SJC ruling adds to doctor liability, Boston.com, December 11, 2007

Related Web Resources:

Massachusetts Supreme Judicial Court
Continue reading

December 4, 2007

Two Massachusetts Women Are Killed in Deadly Wareham Car Collision

by Altman & Altman

Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.

Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.

Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.

The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.

Ducey was seriously injured in the car crash.

Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.

In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.

In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.

Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:

1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.

Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007
Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts

Related Web Resources:

Massachusetts Highway Department

Massachusetts Highway Crash Statistics
Continue reading

November 20, 2007

Federal Judge Says FBI is Liable In 1982 Wrongful Death Murders by Winter Hill Gang in Massachusetts

by Altman & Altman

In Boston, US District Judge Reginald C. Lindsay issued a ruling yesterday that held the FBI responsible for the 1982 execution-style killings of two men who were allegedly murdered by the Winter Hill gang. The judge called on prosecutors to negotiate wrongful death settlements with the families of the two men.

The federal judge pointed to evidence of liability when it cited several high-profile cases in which the government said that Michael Donohue and Edward Brian Halloran were killed because a rogue FBI agent told James “Whitey” Bulger, a fugitive mobster, that Halloran was an informant.

Judge Lindsay said wrongful death trials were not needed to determine whether the government should be held liable in the slayings of the two men. He also told Prosecutor Andrew Kaplan to tell the US Department of Justice that it should settle not only the Donahue and Halloran lawsuits, but also at least four other wrongful death lawsuits filed by families of people allegedly murdered because of the way the FBi mishandled Bulger and other criminal informants.

November 2, 2007

CDC Says Massachusetts Has Lowest Accidental Death Rate In the US

by Altman & Altman

The Centers for Disease Control & Prevention issued its report on Friday on accidental injury deaths in the United States. Of all 50 states, Massachusetts has the lowest rate of accidental fatalities, which are the number one cause of death among people under 45 years of age.

According to the report, Massachusetts had a rate of 20.4 accidental deaths for every 100,000 residents from 1999-2004. The national average per 100,000 state residents is 36.3. Motor vehicle accidents ranked nationally as the number one cause of death. In Massachusetts, however, there are 7.7 traffic accident deaths for everyone 100, 000 residents.

Falls, poisoning, drowning, and suffocation are some of the other kinds of accidental deaths that the CDC considered for its study.

Nationally, the CDC says there is a 7% increase nationally in accidental deaths. From 199-2004, 625,328 people died in the US because of accidental injuries.

The CDC named New Mexico as the state with the highest rate of accidental injury deaths-60.9 for every 100,000 residents-with Alaska (58.6) and Mississippi (58.1) not lagging far behind.

Other kinds of accidental injury deaths include whiplash, sports injuries, machinery accidents, burns, work-related injuries, natural accidents, toy-related injuries, medical malpractice incidents, defective or malfunctioning products, pedestrian accidents, premises liability, exposure to lead or other hazardous substances.

An accidental injury death is a fatality that occurred accidentally and unexpectedly. While a fatality that occurs accidentally was often caused unintentionally-there are deaths that could have been prevented had another person or party not acted negligently, carelessly, or recklessly.

As the surviving family member who has lost a loved one, there are civil remedies that you can take to hold the negligent party liable for your loss. You should speak with an experienced personal injury lawyer who can advise you of your legal options.

Study: Massachusetts has lowest accidental death rates in nation, AP, November 1, 2007
U.S. Accidental Deaths On An Upward Trend, CBS News, November 1, 2007

Related Web Resources:

Center for Disease Control & Prevention

Accidental injury, Wrong Diagnosis Continue reading

November 1, 2007

Massachusetts Widow of Doctor Killed When Driver Crashed Into Brockton Hospital Sues for Wrongful Death

by Altman & Altman

Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

October 16, 2007

Massachusetts Doctor and Hospital Worker Are Dead and Six Others Injured After Patient Drives Car Into Brockton Radiation Center

by Altman & Altman

A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%–whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes-regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007
Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007
How Old Is Too Old Behind The Wheel?, AP, July 17, 2003
Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005

Related Web Resources:

Brockton Hospital
Continue reading

September 4, 2007

Death of 11-Year Old Massachusetts Boy at a Methuen School in Gate Collapse Ruled Accidental

by Altman & Altman

Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe-even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise-whether or not he or she entered the property with permission-the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007
Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia Continue reading

July 5, 2007

Secret Settlement Discussions In Big Dig Wrongful Death Lawsuit Break Down in Massachusetts

by Altman & Altman

Settlement negotiations between the parties held liable for last year’s collapse of the Big Dig tunnel’s ceiling in Boston and the family of the woman who died in the collapse have faltered. The two sides are reportedly millions of dollars apart, which increases the chances of the wrongful death lawsuit going to court. The family is said to be asking for hundreds of millions of dollars in award money.

Milena del Valle, 39, was riding through the tunnel with her husband when a number of concrete ceiling panels fell onto the vehicle that they were riding in. She died from her injuries.

Her family is suing 15 different companies, including Modern Continental Construction Co. and Bechtel/Parsons Brinckerhoff, that were responsible for building and designing the tunnel ceiling. Del Valle’s family is citing negligence as the cause of her wrongful death. They are also suing the Maryland Turnpike Authority.