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An 88-year-old Canton driver that is accused of striking and killing a child pedestrian is contesting the criminal charges that were filed against her. Ilse Horn allegedly hit Stoughton resident Diya Patel on Saturday on June 13 while the 4-year-old was crossing Route 138 on a scooter with her grandfather and siblings.

Horn was charged with motor vehicle homicide by negligent operation for the Stoughton pedestrian accident, and the state of Massachusetts has revoked her driver’s license. The Registry of Motor Vehicles considers her an “immediate threat.”

Horn has been found responsible for causing five car accidents since 1982. The senior driver was also driving when her husband was killed in a 1992 auto collision.

Charles Gunther Horn died of “massive crushing chest injuries” after Horn’s vehicle “drifted” off Highway 101 in California, striking a sign post and tree branches before flying over Highway 169 and “overturning.” The coroner’s report indicates that Horn fell asleep. No criminal charges were filed against her.

Since her husband’s death, Horn was found at fault for two Newton motor vehicle crashes that occurred within a 3-month period in 2001. In 1995, she was cited for speeding in West Roxbury.

The tragic accident is once more calling attention to state Senator Brian A. Joyce’s efforts to push forward legislation requiring Massachusetts drivers, 85 and older, to pass a comprehensive test every 5 years. There is growing concern that many older drivers may have lost the alertness and quick reflexes needed to prevent a motor vehicle accident from happening.

For older seniors, it can be hard for them to accept that the time may have come for them to surrender their car keys. Not only must they deal with losing some of their independence, but giving up/losing their driving privileges could impact their living situation and their ability to see friends or take part in certain activities.

Regardless, it is important for drivers of all ages to make sure that they are able to safely operate their motor vehicles on Massachusetts roads so that no one gets hurt-otherwise, the motorist could be held liable for personal injury or wrongful death if a tragic traffic accident occurs.

Senior was driver in husband’s fatal crash, Boston Herald, June 26, 2009
Woman, 89, charged in accident that killed girl, 4, Boston.com, June 16, 2009

Related Web Resources:
Why Giving Up the Car Keys Is Such a Loaded Issue, Caring.com
Time for talking is over for old drivers, Boston Herald, June 19, 2009
Senator Joyce talks about his bill to test elderly drivers, Audio.Weei.com, June 15, 2009 Continue reading

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As our Boston MBTA accident lawyers at Altman & Altman, LLP know, the injuries and damages from a serious train crash can be devastating. Just yesterday in Washington DC, at least 9 people died and over 70 people were taken to local hospitals after one subway train rammed into another train during the rush hour commute.

The force of impact from one train colliding with the other was so strong that the striking train became compressed to approximately one-third its actual size, and a number of people were crushed to death. Rescuers had to use a crane to locate some of the bodies and firefighters had to use other heavy equipment to cut open the cars and rescue the survivors that were trapped inside.

8 of the people that died were train passengers. Jeanice McMillan, the train operator of the striking train, was also killed in the deadly train collision.

The National Transportation Safety Board is trying to determine the cause of the deadly train crash. Some of the possible factors under consideration include signal failure, mechanical problems, computer failure, and train operator error. Investigators are working to retrieve recorders from the train that was hit. The train that initiated the collision, however, is an older train that does not come with this device.

NTSB official Debbie Hersman says that a few years ago, the NTSB had recommended that the older fleet either be retrofitted or phased out. Back then, the NTSB noted safety problems involving trains rolling back on the tracks and operators being unable to stop the them.

Hersman says it is “unacceptable” that Metro did not act on the recommendations. Metro says that it has, however, upgraded the emergency exits and braking systems of the older trains. The striking train in Monday’s crash belongs to the 1000 series of trains that, according to the Washington Post, is now being phased out. These trains make up 30% of the Metrorail’s train fleet. Officials are calling Monday’s train collision the worst in the Metrorail’s history.

NTSB: Train in crash was recommended for phaseout, Boston.com, June 23, 2009
Nine Killed in Red Line Crash, The Washington Post, June 23, 2009

Related Web Resources:
Massachusetts Bay Transportation Authority

Metro Home Page
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In Massachusetts, US District Judge William G. Young told the federal government that it must pay the family of Richard J. Castucci $6.25 for his wrongful death. Castucci, a Revere nightclub owner, was murdered in 1976 in a mob slaying organized by FBI Informants Stephen Flemmi and James Bulger. Bulger, is also known as “Whitey” Bulger and Flemmi has been called “The Rifleman.”

Young awarded Castucci’s widow $3 million for loss of financial and emotional support. Two of the murdered man’s children, Brian and Lisa, were each awarded $750,000. His two other children, Richard and Denise, are to each receive $500,000. The family received an additional $743,600 for the income that Castucci would have made if he hadn’t died, as well as $8,000 for funeral costs.

Flemmi, who is serving a life prison sentence, and John Martorano, a former hit man who became a government witness, provided details about Castucci’s murder. After Bulger and Flemmi discovered that Castucci was an informant, Martorano shot him in the head.

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Around the globe on June 15, organizations will hold events to mark World Elder Abuse Awareness Day. The day supports the United Nations International Plan of Action that recognizes elder abuse as a public health and human rights problem.

Unfortunately, many people around the world still fail to recognize and/or stop elder neglect or abuse when these incidents happen. The more people are made aware that elder abuse and neglect exists, the easier it will be for them to identify such incidents and take steps to protect their loved ones. Otherwise, elder abuse and neglect incidents will continue to occur in private residents and in nursing homes throughout the world.

Elder Abuse
Elder abuse involves intentional acts that cause injury or poses a serious risk of harm to an elderly person. The person that commits elder abuse is usually someone who has a relationship of trust with the vulnerable elderly person, such as a nursing home worker, a professional caregiver, someone placed in charge of the elderly person’s financial affairs, or a family member thrust into the role of caring for an elderly relative. Elder abuse can consist of physical abuse, emotional abuse, sexual abuse, financial exploitation, neglect, or abandonment.

OWL, The Voice of Midlife and Older Woman, says that in the United States 1-2 million elderly Americans are the victims of elder abuse. People suffering from dementia are at greater risk of becoming abuse victims. In 2007, The Long Term Care Ombudsmen received some 14,000 allegations of nursing home neglect or abuse.

Not only do our elderly deserve to be treated with respect and have their civil rights upheld-which cannot happen if they are being abused or neglected-but mistreating an elderly person increases their fatality risk by 300%.

Signs that your elderly loved one is a victim of abuse or neglect:

• Unexplained bruises, cuts, or broken bones • Injuries or deaths that occurred after an elderly person was not supervised properly • Sudden weight gain or loss • Mood swings or depression
• The elderly person appears fearful or withdrawn or upset for “no good reason”

World Elder Abuse Day, International Network for the Prevention of Elder Abuse
Elder Abuse: A Women’s Issue, OWL

Related Web Resources:
Nursing Homes, Mass.gov
Nursing Homes in Massachusetts, NursingHomeInfo.com Continue reading

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Massachusetts Governor Deval Patrick says he’ll support legislation mandating that drivers, 85 and older, must pass road and eye tests every year before their driver’s licenses can be renewed.

With people living longer, the Insurance Institute for Highway Safety says that by 2025, 25% of all US drivers will be at least 65, and there is a growing concern that some older drivers may become less safe drivers as their reflexes get slower, their vision blurs, or their health deteriorates.

In Massachusetts last Friday, seven people got hurt in a Plymouth car crash involving a 73-year-old driver who drove over a curb and into a crowd of people that were attending a war memorial. This was the third car accident that the elderly driver was involved in since she turned 70.

In Danvers, on Thursday, a mother and a toddler got hurt when a 93-year-old motorist accidentally drove his car into a Wal-Mart in Danvers.

NHTSA 2007 Older Population (65 and Older) Traffic Statistics:
• There were 30 million older drivers with licenses.
• There were 38 million people age 65 and older in the US.
• 196,000 older people got hurt in US traffic accidents.
• 79% of deadly traffic accidents involving older drivers occurred during the day.
• 71% of these fatal crashes involved other motor vehicles.
• 64 of the 551 drivers involved in deadly Massachusetts traffic crashes belonged to this older population.

According to the Insurance for Highway Safety’s 2007 Fatality Facts Involving Older People:
• Auto collisions make up 1% of deaths involving people age 70 and above.
• Today’s older drivers are keeping their licenses longer and traveling more miles via roads.
• Per mile traveled, fatality crash rates go up at age 75 and after age 80.

Pressure mounts to test elder drivers, Boston.com, June 8, 2009
Older people 2007 Fatality Facts, IIHS.org
Traffic Safety Fact Sheets, NHTSA
Related Web Resources:
Safe Roads Now, AARP.org, Senior Drivers
Insurance Information Institute
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In Massachusetts, the families of Boston firefighters Warren J. Payne and Paul J. Cahill have reached a $2.2 million Boston wrongful death settlement with defendants Tai Ho Mandarin and Cantonese restaurant, J& B Cleaning, and the restaurant’s landlord, Continental Realty LLC. The two men died in 2007 while trying to put out a fire at the restaurant. 12 other firefighters were sent to the hospital following the blaze.

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

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A Massachusetts mother and her one-year-old daughter had to be taken to local hospitals for treatment of their injuries sustained after a 93-year-old driver rode his car into a Danvers Wal-Mart on Tuesday. According to police, the driver may have intended to step on the brake but instead placed his foot on the gas pedal. Four other people, including the driver’s 90-year-old wife, were taken to the hospital following the Danvers car accident. The three other victims were suffering from shock following the incident.

The car, which entered through the store entrance, struck two cash register stations.

Senior Drivers
According to Helpguide.org, senior drivers are at higher risk than younger drivers of becoming involved in multi-vehicle car accidents. Of course, it is important not to generalize, as there are many senior drivers that can drive safely and capably well into their golden years. It is also important to note that a senior injured in a car crash is more likely than younger persons to sustain injuries that could prove fatal. The deadly crash rate for a driver in his or her 70’s increases dramatically.

Factors of Aging that Can Impair Driving Include:
• Failed vision • Loss of hearing • Slower reflexes • Limited mobility • Health conditions, such as Parkinson’s, rheumatoid arthritis, or sleep apnea • Impairment caused by medication • Drowsy driving • Dementia
With more people living longer these days-by 2050, one out of five Americans is expected to be age 65 or older-the number of senior drivers in Boston and on other roads throughout Massachusetts is likely to grow. However, there may come a time in an elderly person’s life when it is time to stop driving or risk causing injury or death to others.

Mother and baby injured as car crashes into Danvers Wal-Mart, Boston.com, June 2, 2009
Senior Citizen Driving, Helpguide.org

Related Web Resources:
Senior Drivers, Insurance Information Institute
Massachusetts Registry of Motor Vehicles
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The Consumer Product Safety Commission reports that nearly 300 kids 4 ages 4 and under are killed in pool and spa accidents a year, while some 3,000 others are injured. More than 50% of the child victims are under 3 years of age. 80% of fatal drowning accidents involving child victims occur in spas and pools in private residences.

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision • Lifeguard failure • Defective pool drain • Inadequate fencing around pool • Lack of emergency/rescue equipment • Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report , CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety
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A former Buckingham Browne & Nichols student is suing the Cambridge, Massachusetts private school for the sexual abuse he says he suffered during the 80’s at the hands of an ex-English teacher. The man that Daniel Weinreib is accusing of abusing him, Edward Washburn, is now a convicted pedophile. He taught at the school for over two decades.

In his Massachusetts sexual abuse lawsuit, Weinreib, who graduated from the school in 1989, claims that Washburn sexually abused him from 1983 to 1985. He is seeking $1 million from the Cambridge school for personal damages and stress related to the abuse incidents that he maintains could have been prevented.

Last October, Head of School Rebecca Upham issued a public apology for the school’s failure to respond appropriately to Washburn’s actions. Weinreib, however, says that BB & N has failed to do enough to put into place preventative measures that would prevent future sex abuse incidents from happening.

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Last Thursday, the Massachusetts Senate included and approved in its version of the state budget an amendment banning Internet use while driving-this includes text messaging, emailing, or surfing the Web while operating a motor vehicle. Bus drivers, train operators, trolley drivers, and the drivers of other public transit vehicles would be banned from holding a cell phone while driving and would only be allowed to carry the device for emergency purposes. Transit drivers that violate the ban would be fined $500. Drivers would have to pay an insurance surcharge, in addition to a $75 fine.

The amendment is intended to prevent Massachusetts motor vehicle accidents from occurring because motorists are texting while driving and comes one day after Rebecca Solomon, a Methuen teen driver, died in a single-car collision. Police are trying to determine whether the 18-year-old high school senior was texting while driving.

Earlier this month, the MBTA imposed an emergency cell phone ban on its vehicle operators following a multi-trolley crash occurred right after the trolley driver had been text messaging with his girlfriend. Nearly 50 people were injured in the Boston MBTA accident.

According to a study commissioned by Vlingo, a Cambridge, Massachusetts speech-recognition technology maker for cell phones, 1 in 4 US drivers say they text message while driving, with younger drivers more likely to engage in this form of distracted driving behavior than their older counterparts. Among those surveyed:

• Almost 60% of teen drivers say they text and drive.
• 49% of 20 – 29 year-olds send and receive texts while operating a motor vehicle.
• 13% of motorists over 50 text while driving.
• 83% of the 4,816 online survey participants think texting while driving should be banned.

Time and again, texting while driving is proving to be a dangerous habit that can cause serious motor vehicle injuries or deaths. Teenagers that text while driving are a high-risk group when it comes to getting involved in or causing a Boston motor vehicle crash. A new Nielsen study says the average teen sends almost 80-text messages daily. The habit, which even adults find hard to break, can prove fatal when an inexperience teen driver is texting while behind the steering wheel of a car.

Massachusetts Senate Budget Bans Texting while Driving, Insurance Journal, May 26, 2009
Mass. high school student dies in car crash, Telegram.com, May 21, 2009
Driving While Texting Still Popular Despite Bans: Survey, VOXEO, May 20, 2009
Related Web Resources:
Cell Phone Driving Laws, GHSA
National Safety Council
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