Wrongful Death

August 13, 2015

Pedestrian in Mansfield Struck and Killed by Amtrak Train

A pedestrian was struck and killed by an Amtrak train in Mansfield, Massachusetts early this morning, Thursday August 13^th. In one news report, it was said that personnel from the MBTA Transit Police had reported a man trespassing in the area around Track 2 shortly before they received reports of an individual being struck and killed by a train. The identity of the individual that was unfortunately killed has not been disclosed at this time, as family notification is still pending. Responding officers have indicated that the victim is a man, which attests to earlier reports of a man seen trespassing along the tracks.

According to preliminary reports being released, MBTA police contacted the Mansfield Public Safety Dispatch at approximately 10:50 AM to report that a pedestrian had been struck by a train. The Amtrak train was traveling south at the time, and the accident occurred just south of the MBTA train station that is located near George Street in Mansfield on Route 128. After striking the victim, the train stopped on the tracks while they waited for emergency officials to respond to the scene.

According to a spokeswoman for Amtrak, Vernae Graham, the train was traveling a route from Boston to Washington D.C. at the time of the accident. She also stated that there were roughly 189 passengers on the Amtrak train at the time and that no injuries were reported for any of the passengers following the crash. Continue reading

August 5, 2015

UPDATE: NH Circus Tent Tragedy, Company Did Not Have Necessary Permits

by Altman & Altman

New information is being released in relation to the circus accident that took place Tuesday night in Lancaster, New Hampshire and claimed the lives of two people. Officials have confirmed that the circus company that had set up on the Lancaster Fairgrounds did not have the necessary permits for the tent that collapsed due to severe weather conditions. The “place of assembly” permit primarily used in these situations had not been acquired at the time of the accident.

Officials have not specifically indicated at this time how the lack of permit plays into the situation that took place on the Lancaster Fairgrounds. According to reports from investigators responding to the scene, winds in the area reached approximately 75 MPH at the time of the tent collapse. A storm warning had been placed into effect by the National Weather Service which advised individuals to seek cover until the storm has passed—a warning that circus organizers did not heed when they made their decision to proceed with the 5:30 PM show Tuesday night. Now, the National Weather Service is providing assistance into the investigation following the accident. Continue reading

August 5, 2015

Tent Collapse Leads To Two Fatalities at NH Circus

by Altman & Altman

An incident at a circus that took place Tuesday night in Lancaster, New Hampshire has left two people dead and thirty two others injured. Over one hundred people were in attendance at the Walker Brothers International Circus when severe weather caused a circus tent to collapse, trapping spectators inside. Accordingly to preliminary reports, the National Weather Service had issued a statement approximately twenty three minutes prior to the tent collapse, stating that due to imminent extreme weather conditions, people should be advised to take cover until the storm had passed. This warning did not deter circus operators from proceeding with their 5:30 PM scheduled show—motivations for this decision remained unclear to New Hampshire’s fire marshal as he began his investigation on scene Tuesday evening.

New Hampshire’s fire marshal, William Degnan, has said that the two victims have been identified as 41 year old Robert Young and his 8 year old daughter Annabelle Young, both of whom were from Concord, Vermont. Degnan went on to say that autopsy results for both victims indicate that they died of blunt-force trauma. The additional thirty two individuals who were injured during the collapse were treated for a variety of injuries, some severe, at four local hospitals.

Witnesses describe the scene Tuesday night as chaotic. One man, Rick Cadieux, who had attended the show with his wife and grandson, said that once the winds picked up (winds that, according to the National Weather Service, reached approximately 75-90 mph at the time of the tent collapse) the sides of the tent began to blow open. Around this time, large hailstones began pummeling the tent. Cadieux has also said that he glanced up around this time to check the security of the poles and found that they appeared to be fine. Once the wind picked up, however, the steel infrastructure of the tent collapsed causing the entire structure to fall to the ground. “There were two large 50-foot towers and they started to go and pulled the whole tent with it.” Cadieux told reporters. Thankfully, he was able to get himself and his family to safety inside their vehicle. He said that after he safely secured his wife and grandson inside his car, he ran back to the tent in order to help those who may still be trapped inside. Continue reading

July 28, 2015

Human Error To Blame For Horrifying Escalator Accident in China

by Altman & Altman

A horrible escalator accident in Jingzhou, China, a province in Hubei that has approximately 5 million citizens, has left a young woman dead as she put herself in the way of danger in order to save the life of her son. 31-year-old Xiang Liujuan was at the AZG Mall in Jingzhou enjoying a Sunday shopping trip with her son when they unknowingly stepped onto an escalator that had a panel loose at the top landing strip. The loose panel had been discovered just a few minutes earlier by mall employees—but none of them warned customers of the safety issue. No one was contacted in order to fix the problem, and the employees did not place a safety barrier around the escalator to prohibit anyone from stepping onto it. These simple steps could have prevented a young child from losing his mother so early on in life.

Officials in Jingzhou that are investigating the matter have stated that they believe human error is to blame for this terrible accident taking place. Video surveillance of the tragedy has been released and clearly depicts how Xiang Liujuan had little to no time to react to what was happening. Xiang Liujuan is shown lifting her son up once they reach the top of the escalator in order to allow him to exit the mechanism safely. As she goes to lift him up however, the loose panel collapses underneath her. Xiang then falls into the opening gap, but somehow manages to keep her upper body above the structure—just long enough for her to push her son into the arms of mall employees who witnessed the accident unfolding and ran over to help. The boy is whisked away to safety by an employee while two others work toward pulling Xiang Liujuan from falling completely into the escalator. Their efforts were sadly unsuccessful however, when after just a few seconds Xiang falls into the hole that opened up beneath her feet. Continue reading

May 27, 2015

Metalworkers Who Accidentally Started Back Bay Fire that Killed Two Firefighters’ Lives Could Still Be Sued for Wrongful Death

by Altman & Altman

Although the two metalworkers responsible for starting the nine-alarm fire at an apartment building last year that killed two Boston firefighters will not be criminally charged over the incident, they could still be sued for Massachusetts wrongful death. The D & J Ironworks workers were welding a wrought-iron railing, which sent sparks into a rotting wood shed.

While prosecutors said the two workers were careless, they were found to not have acted with “conscious disregard” or the knowing that they were putting anyone at risk of injury or death with their actions. According to the investigation, the two workers’ behavior fell short of what is required to file a criminal case.

The workers went to Back Bay on March 26, 2014 to install railings at the back of the building next to where the fire happened. Because one railing did not fit properly, they began to weld it into the right size, which is when the fire started.

May 23, 2015

New Bedford Wrongful Death Lawsuit Filed Against Police for Teenager’s Shooting

by Altman & Altman

The family of Malcolm Gracia is suing the city of New Bedford and its police department for Massachusetts wrongful death. The family claims that the 15-year-old was wrongfully detained in 2012 and he was shot without justification. They believe he was a victim of racial profiling.

Detectives detained the teenager after a police sergeant witnessed him on a video feed making what appeared to be a gang handshake. The family’s lawyer claims that the defendants targeted Garcia because of his socioeconomic and racial profile even though he wasn’t caught committing any crime.

Gracia tried to run from the police. However, as Detectives Tyson Barnes approached him, Gracia stabbed the officer three times. Another detective, Paul Fonseca, fired his Taser at the teen, who went down but refused to drop his knife. That was when Gracia was shot multiple times.

May 20, 2015

Family Files Massachusetts Wrongful Death Case Against Boston University Fraternity

by Altman & Altman

The parents of Anthony Barksdale II are suing the Boston University chapter of the Sigma Alpha Mu fraternity for Massachusetts wrongful death. Their son, a college freshman, died after getting drunk at a pledge party in 2013. He was looking to become a fraternity member.

At the time of his death Barksdale was 18, which is below the legal drinking age. He was a given a 1.5 liter bottle of vodka to drink at the fraternity and reportedly became very intoxicated before collapsing. His family, in their Boston wrongful death case, contend that no one called for help until later in the evening when Barksdale started throwing up.

Paramedics who arrived at the scene were unable to revive him. Barksdale was pronounced dead at a Brighton, MA hospital.

April 27, 2015

Former New England Patriots Player Aaron Hernandez to Take the Stand in Massachusetts Wrongful Death Lawsuit

by Altman & Altman

The family of Odin Lloyd has re-filed her Massachusetts wrongful death case against former New England Patriot and now convicted murder Aaron Hernandez. A Fall River jury convicted the ex-pro tight end, 25, of Lloyd’s murder earlier this month. Hernandez is serving a lifetime prison term without parole.

At the time of the murder, Lloyd, 27, was dating the sister of Hernandez’s fiancé. In 2013, Lloyd was shot several times and left in a deserted industrial park close to Hernandez’s North Attleborough home. Police found a key to a vehicle that the pro football player had rented in Lloyd’s pocket. Following his arrest, the Patriots cut ties with Hernandez.

Prosecutors suggested that Lloyd was killed because he knew too much about the football player’s alleged involvement in a fatal 2012 drive-by shooting. Meantime, the defense argued that Hernandez’s celebrity had led investigators to focus on him. They also said that a shoddy probe had taken place in a rush to wrap up the investigation.

April 21, 2015

Family Files Massachusetts Wrongful Death Case, Sues State Police Over Fatal Shooting of New Bedford Man

by Altman & Altman

The family of Wilfredo Justiniano is suing two members of the Massachusetts State Police for his Quincy, MA wrongful death. The 41-year-old New Bedford man, who was a diagnosed schizophrenic, was unarmed when he was shot by state trooper Stephen Walker in June 2013 during a traffic stop.

The incident happened after a driver contacted police because she witnessed Justiniano driving on the road erratically before stopping on the shoulder. The driver said she thought there was a medical emergency. By the time Walker arrived, Justiniano was outside the car and screaming and jumping. He asked the state trooper to kill him before then saying he would kill Walker.

The state trooper used pepper spray and then, claims Walker, Justiniano ran at him and that was when he fired. Justiniano sustained injury to the chest and the wrist. He was pronounced dead at a Milton hospital.

April 13, 2015

NTSB Says Pilot Error Involved in 2014 Bedford, Massachusetts Plane Crash at Hanscom Field

by Altman & Altman

According to a National Transportation Safety Board report, the pilots of the Gulfstream IV jet that crashed at Hanscom Field last May did not conduct a pre-flight check and disregarded a cockpit warning light. The deadly Bedford, MA aviation accident killed the two men and five others on the plane.

Records indicate that the pilots, James McDowell and Bauek De Vries, regularly did not conduct the standard checks. Because of the failure to perform such a check on May 31, it wasn’t until the aircraft was moving at 150 miles an hour right at lift off that they discovered that the flight controls were locked and the plane could not ascend. Instead, the aircraft kept moving forward until it crashed into an antenna and lighting rig before bursting into flames.

Reportedly the gust lock, which is designed to prevent wind damage, had frozen the elevators and the rudder of the plane into place. The mechanism, which is supposed to limit the plane’s power in such conditions did not work as marketed. The manufacturer, Gulfstream, has admitted that the design of this particular gust lock was not correctly certified. The company did, however, put out advisories warning pilots to make sure the mechanism is disengaged before revving a plane’s engine and to make sure to check flight controls before starting to taxi the aircraft.