by

Speaking exclusively to WHDH, Betty Velasquez says the Massachusetts Bay Transit Authority is not taking the injuries she sustained when her purse, arm, and foot became trapped in a train door seriously. Velasquez, a Quincy resident, says the incident caused her to fall consciousness and temporarily lose feeling in her hand and arm. She also has suffered from dizzy spells and migraines following the MBTA accident.

Velazquez says she had to go to the hospital and underwent a CAT scan. She is on several kinds of medication and working with a physical therapist. She also has taken several weeks off from her job while she recovers.

The unfortunate Boston train incident happened at South Station on November 6 when Velasquez’s purse got caught in the train door as she tried to board. She was able to free her body from the train, but she ran next to it in an attempt to pull her purse free. Her body slammed into a wall close to the end of the platform before she freed herself.

Two MBTA workers have been disciplined over the incident. The 39-year-old train operator was suspended for 10 days and the train attendant whose job it is to observe the doorways and platform was fired.

While the MBTA says it is fortunate that Velasquez wasn’t seriously injured, her Boston injury lawyer says that his client’s injuries were definitely not minor ones.

Train Door Accidents
Train doors are supposed to be properly maintained and train workers must make sure that the doors and platform area are clear for departure. Train doors also must be closed properly before a train can leave a station. Malfunctioning train doors can cause injuries. A person boarding or exiting the train can caught in between or get hit by the doors as they shut. A passenger can fall out of a moving train if the doors open suddenly.

Injuries caused by a defective or faulty train door and/or because a MBTA worker was negligent can be grounds for a Boston injury lawsuit.

Boston subway survivor speaks out, WWLP, December 9, 2009
MBTA Train Snags Purse, Sends Woman Sprawling, The Boston Channel, December 8, 2009

Related Web Resources:
Massachusetts Bay Transportation Authority
Continue reading

by

The Boston Globe is reporting that the medical condition of Bethany Pfalzgraf, the Boston College senior who was seriously injured in a Massachusetts pedestrian accident on campus early Sunday and has improved. The 21-year-old woman was allegedly struck by Benjamin Knott, an 18-year-old driver, who is aaccused of fleeing the crash site and driving drunk.

Knott is charged with leaving the scene of an accident, drunken driving, reckless operation of a motor vehicle, and causing bodily injury. He failed two Breathalyzer tests. His BAC was .20 and .18. In Massachusetts, the legal driving limit for motorists under age 21 is .02. For adults, the legal BAC while driving is 0.08. Prior to the Boston pedestrian accident, Knott had been visiting friends on campus.

At his arraignment in Brighton District Court, the teen driver pleaded not guilty to the charges.

Continue reading

by

The father of John Edwards, a Harvard sophomore who committed suicide in 2007, is suing the university and a nurse and supervisor at the school’s Health Services for Massachusetts wrongful death and medical malpractice. John B. Edwards II filed his Boston medical malpractice lawsuit in Middlesex Superior Court.

The elder Edwards is accusing Dr. Georgia Ede of failing to properly supervise nurse practitioner Marianne Cannon, who prescribed three drugs to his son even though she doesn’t have physician training. Cannon prescribed the amphetamine Adderall, a drug for attention deficit hyperactivity disorder, to the younger Edwards even though he was never diagnosed with this condition. She later prescribed Wellbutrin and Prozac, two strong antidepressants. Edwards was also taking Accutane, an acne drug that is linked to thoughts of suicide.

The US Food and Drug Administration has cautioned that patients who are prescribed Accutane, Wellbutrin, or Prozac should be closely observed in case they begin to have suicidal thoughts.

Continue reading

by

The family of 17-year-old John Causland says he is stlll in critical condition following emergency brain surgery for injuries he sustained in a Massachusetts pedestrian accident on Sunday in Waltham. The high school senior was in a crosswalk when a driver who was allegedly drunk hit him.

The driver of the uninsured and unregistered vehicle that struck him was Bonnie Lee Hicks. The 43-year-old Billerica resident was charged with negligent operation of a motor vehicle, driving under the influence, and driving with an expired inspection sticker. She refused a Breathalyzer test at the crash site and failed three field sobriety tests. She pleaded not guilty to the charges and was released on personal recognizance. She is not allowed to drive and must appear in court again in January.

Court documents say that Hicks told police that she thinks that the teenager jumped in front of her vehicle. She did not sustain injuries in the Waltham pedestrian accident.

As of yesterday, Causland’s family reported that the teenager was sedated and stabilizing but that he was still living “hour by hour.”

2008 Pedestrian Traffic Safety Facts (National Highway Traffic Safety Administration):

• 4,378 US pedestrian deaths • 69,000 US pedestrian injuries • 1 US pedestrian death every 2 hours • 1 US pedestrian injury every 8 minutes • 75 Massachusetts pedestrian fatalities
Pedestrians are at risk of sustaining injuries any time they are hit by a motor vehicle. These injuries can be especially catastrophic when the driver who strikes the pedestrian was operating under the influence of drugs or alcohol, text messaging while driving, or speeding. In Massachusetts pedestrian accidents involving a negligent driver, the motorist may not even attempt to stop or be able to avoid hitting the victim, which can increase the chances that the injuries will be permanently life altering or fatal.

‘No good news’ for teen in crash, Boston Herald, December 2, 2009
Teenager fights for life after accident, The Daily News Tribune, December 1, 2009 Teen hit by drunk driver, say police, Boston.com, December 1, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Traumatic Brain Injury
Continue reading

by

Even as an investigation into the “suicide” death of a Massachusetts woman who was visiting the US Virgin Islands continues, the family of Joan Baruffaldi is suing her husband, Robert Harris, for her wrongful death.

The veterinarian and mother of two, age 45, and her husband had been attending a conference at the island of St. John earlier this month when Harris says he found her hanging by her bathroom belt rope from the hotel bathroom’s curtain rod. Baruffaldi was later pronounced dead at the hospital. The local medical examiner declared her death a suicide.

Harris told authorities he and his wife locked herself in the bathroom after a day of fighting and drinking. He says he heard a crash coming from the locked room and thought she had passed out. Minutes later he contacted hotel security who opened the bathroom door.

Continue reading

by

A mother and two of her children were transported to Lowell General Hospital after the three of them were struck by a motor vehicle while crossing the street on Sunday. The woman was pushing her kids, ages 2 and 4, in a carriage when the Lowell pedestrian accident happened. The 4-year-old boy was thrown from the carriage and sustained head injuries. The Massachusetts pedestrian accident happened in a Lowell crosswalk.

The driver of the motor vehicle, Chamroeun Theam, was charged with OUI. Theam already has one previous drunk driving conviction on his record.

This is the second Lowell pedestrian accident to happen within a week. A 12-year-old pedestrian got hurt when Michelle P. Medeiros struck him at a highway intersection. The 17-year-old motorist was rushing to a hair appointment

Kelvin Savanhmixay was thrown 20 feet during the Lowell pedestrian accident. The sixth grader sustained neck injuries, head injuries, and suffered internal bleeding. Savanhmixay will likely have to undergo a number of surgeries.

Medeiros was charged with hit-and-run for leaving a Lowell car crash site involving a Massachusetts personal injury. The teenager says she didn’t know she had struck the boy.

Child Pedestrians (NHTSA 2008 Traffic Safety Facts):

• 270 child pedestrian deaths involving kids under age 14.
• 13,000 child pedestrian injuries.

Pedestrian accidents continue to be a major cause of accidental deaths involving kids. While children cannot file injury claims in Massachusetts, a parent or guardian can file an injuries to minor lawsuit on their behalf. Pedestrian injuries can be extremely painful and result in internal bleeding, permanent brain damage, paralysis, disfigurement, and even death.

Mother, children hit by car in Lowell, Boston.com, November 23, 2009
Teen Driver Cited In Lowell Hit-And-Run, WBZ, November 20, 2009
Children, 2008 Traffic Safety Facts, NHTSA (PDF)

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Pedestrian Safety, Mass.gov Continue reading

by

When shopping for kids’ toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of “most dangerous toys” because of the injury risks that WATCH says the items pose:

• Spy Gear Viper Blaster: May cause eye injuries.
• Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries.
• Cat “Rugged” Mini: Toy construction vehicle comes with metal spoke that may cause puncture wounds.
• Curious Baby Curious George Counting – My First Book of Numbers: Watch says the 5 beads embedded in the book can pose a choking hazard.
• Lots to Love Babies Mini Nursery: Comes with accessories that are a choking hazard risk.
• X-Men Origins Slashin’ Action Wolverine: The toy’s small parts make this a choking hazard.
• Pucci Pups Maltese: The puppy’s “hair” can be pose an aspiration hazard. Its long leash is a strangulation hazard.
• The Dark Knight Batman Figure: May cause possible penetration and blunt impact injuries.
• Just Kidz Junior Musical Instruments: The drum’s stick can cause choking injuries if placed in the mouth.
• Moon Board Pogo Board: WATCH warns about possible head injuries and impact injuries.

The Consumer Product Safety Commission says that there were at least 19 toy-related fatalities in the US last year. Meantime, hospital emergency rooms treated 235,000 toy injuries. Despite the number of toy-related injuries and deaths that happen every year, WATCH director James Swartz noted toy makers continue to manufacture toys that pose similar dangers year after year.

Products liability-related accidents involving malfunctioning or defectively designed toys, nursery products, kids’ clothing, playground equipment, kids’ furniture, and other children’s products continue to happen. It can be devastating to find out that the toy that you bought for your son or daughter was the cause of injury or death. Toy manufacturers are supposed to test their toys and make sure that they aren’t dangerous for kids to use. Young kids especially may not realize that putting small objects in their mouths might cause them to choke.

10 most dangerous toys of 2009, MSNBC, Today
2009 “10 Worst Toys” List, WATCH

Related Web Resources:
Why Do We Need Healthy Toys?, HealthyStuff.org
Finding safe toys this holiday season, CNET
US Consumer Product Safety Commission
Continue reading

by

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit.

At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn’t stop the vehicle.

Campos says her boyfriend, a Brazilian national, wanted to avoid arrest because he was in the US illegally. Police say that Martins had been at a bar and smoked pot before the car chase. The high-speed pursuit ended when Martin’s drove his vehicle onto a lawn.

According to the Cape and Islands District Attorney’s report, Van Ness got out of the vehicle and approached Martins, who then allegedly tried to hit the cop with his car. That’s when Van Ness shot Martins through the lung and heart. Van Ness has been cleared of any wrongdoing.

However, Campos and others in the Brazilian committee disagree with this finding.They say that Van Ness used excessive force when apprehending Martins. The police officer has also been accused of violating the Martin’s constitutional rights and depriving the victim’s children with Campos of a father’s support and love. Campos says the experience caused her emotional trauma and physical signs of injury. She says the town of Yarmouth failed to properly train Van Ness to do his job.

Police are supposed to refrain from using excessive force when apprehending or arresting anyone. Per Lectlaw, they are only allowed to use the degree of force reasonably necessary to make an illegal arrest. Excessive use of force is a violation of one’s civil rights and can lead to Massachusetts personal injury or wrongful death.

Yarmouth police officer, town sued in fatal shooting, Cape Cod Times, November 5, 2009
Excessive Force, Lectlaw

Related Web Resources:
Police Brutality

Town of Yarmouth
Continue reading

by

A 77-year-old Wollaston, Massachusetts woman sustained serious bite injuries when she was attacked by an English bulldog outside her home. The dog, which will be put down, belongs to a neighbor. This was the second time the animal had bitten the elderly victim.

Lee Salvucci bitten on her arms and left leg during the dog mauling. Her backyard is next to the dog owner’s yard and there is no fence separating the two properties. The dog, named Cooper, managed to attack Salvucci after chewing through its leash.

Salvucci was doing yard work when the Massachusetts dog attack happened. A neighbor helped fend the animal away.

The 77-year-old dog bite victim has called the attack “traumatic.” There was blood all over her following the dog attack. She had just been to the hospital a couple of weeks ago after Cooper attacked her the first time.

A neighbor reports that Salvucci will likely require skin grafts for her dog bite injuries.

Neighbors say dog owner Eric Penzo has received a number of complaints about Cooper walking through Salvucci’s yard.

Dog attacks can be very traumatic for the victim and the injuries can be painful and scarring, possibly even causing nerve damage, infection, skin abscess, lymphangitis, impetigo, cellulites, bacterial tenosynovitis, rabies, physical disability, disfigurement, or death.

In Massachusetts, dog owners are held strictly liable for any injuries inflicted by a dog, regardless of whether or not any actual negligence was involved. However, the dog bite victim must prove that he or she did not provoke the animal and was not trespassing on the owner’s property.

Elderly dog attack victim recounts horror, Boston Herald, November 12, 2009
Bulldog Attacks Woman, 77, Twice, WCVB, November 11, 2009

Related Web Resources:
Who Is Liable: Owners and Keepers, Hugpug.com
Dog Bite Prevention, CDC Continue reading

by

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the “Great New England Pumpkin Shoot”.” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman’s Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

Continue reading
Contact Information
Cambridge, MA
Main Office
675 Massachusetts Avenue
Cambridge, MA 02139
Phone: 617.492.3000Fax: 617.491.3299Toll Free: 800.481.6199
Boston, MA
1 State St
Suite 2
Boston, MA 02109
Phone: 617.547.1205Toll Free: 800.481.6199
Needham, MA
250 First Avenue 2nd Floor
Needham, MA 02494
Phone: 781.675.2329Toll Free: 800.481.6199

Some Select Cases are referred to other attorneys for principal responsibility

By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Altman & Altman LLP
JUSTIA Law Firm Blog Design