Boston Injury Lawyer Blog

December 4, 2008

Marlborough Worker’s Widow to Receive $1.2 Million for Massachusetts Wrongful Death

The widow of a worker who died after he was crushed by 2,500 pounds of granite has settled her Massachusetts wrongful death lawsuit with a company for $1.2 million. As part of the agreement, the name of the company that settled the lawsuit will remain confidential.

Valdecir Rodrigues died after a number of granite slabs fell on him, crushing his chest and suffocating him during a work accident on October 3, 2005.The 38-year-old died from his injuries.

Valdecir had been employed at ASI Industries, LLC when the accident occurred. Another company, Atlantic Stone Industries LLC, had retained a safety expert to train and oversee ASI’s workers but did not pay him. The two companies are no longer in business, but Elisabete Rodrigues received $675,000 in workers’ compensation benefits for her husband’s death.

The wrongful death settlement report says that ASI did not have any training manuals and failed to conduct safety meetings. The company also is accused of failing to put in place the proper safety mechanisms. Meantime, employees, who were not trained, were expected to show new workers how to do their jobs.

Prior to Valdecir’s death, the Occupational Safety and Health Administration had cited ASI for numerous health violations. Following his death, a federal investigation discovered 15 serious safety and health violations at ASI, including the improper training for how to work with granite slabs and the improper storage of the slabs.

Elisabete’s Massachusetts wrongful death lawyers say Valdecir’s death could have been prevented if proper regulations had been implemented. They say that unfortunately, many immigrants who are unfamiliar with their rights as workers are hired to do dangerous jobs.

Storing, Unloading, Handling, and Transporting Stone, Marble, and Granite Slabs
Working with granite, stone, or marble slabs can result in serious injuries or death, which is why it is important that the proper safety precautions are in place to minimize any dangers. Workers must also be trained on how to work with the heavy slabs.

Widow of worker killed by granite slab settles for $1.2 million, Metrowest Daily News, November 23, 2008
Hazards of Transporting, Unloading, Storing and Handling Granite,
Marble and Stone Slabs, OSHA
Related Web Resources:

Department of Industrial Accidents, Massachusetts.gov
Workers’ Compensation, Justia Continue reading

December 2, 2008

Wal-Mart Employee Trampled During Black Friday Shopping Sale Died From Positional Asphyxia

by Altman & Altman

The attorney for the family of Jdimytai Damour, a seasonal Wal-Mart maintenance employee who died after being trampled by shoppers that were scrambling to enter the store during last week’s Black Friday sale, says that Wal-Mart Stores Inc. could have done more to prevent the 34-year-old’s death. Damour died of positional asphyxia, which means the position that his body was in prevented him from breathing.

The catastrophic work accident happened at about 5am, as some 2,000 shoppers broke the glass door and stampeded into the Wal-Mart store so they could avail of huge (but limited) discounts on computers, electronics, and other items. The United Food and Commercial Workers Union Local 1500 is calling for a full investigation into the incident. It also wants Wal-Mart to take action so that such a deadly accident never happens in one of its stores again. Already, Fritz and Jonathan Mesadieu are suing Wal-Mart for injuries they sustained during the shopping frenzy at the same store where Damour was trampled.

The Mesadieus’ lawsuit is not the first time the retail chain has been sued for personal injury. In 2003, a female shopper filed a lawsuit after she was injured at a Wal-Mart when two other shoppers grabbed her neck and pushed her after she tried cutting in line. In 1999, five customers sued Wal-Mart because they claim that other shoppers who were scrambling for Furby dolls had injured them.

Wal-Mart insists that it put in place numerous safety precautions at the store where Damou died during last week’s post-Thanksgiving sale, including setting up barricades and making sure there were internal and external security teams present. The wrongful death lawyer for Damou’s three sisters, however, disputes these claims and says the Wal-Mart store did not have enough security personnel onsite who were properly trained.

Whether or not Damou’s family will qualify for death benefits under workers’ compensation law or are able to file a wrongful death lawsuit against Wal-Mart will depend on whether or not Damou, hired from a temporary work agency, is considered a company employee. The family is also considering whether to file third party lawsuits. Some people are critcizing local police for their failure to prevent the deadly work accident. Nassau County police, however, say that providing security at the Wal-Mart store was not their responsibility.

Wal-Mart Assailed on Death, The Wall Street Journal, December 2, 2008
Wal-Mart death preventable, union says, CNN, November 30, 2008
Related Web Resources:

Workers’ Compensation, Justia Continue reading

November 25, 2008

One Fatality, One Injury, in Massachusetts Multi-Vehicle Crash Involving Tanker Truck

by Altman & Altman

One woman is dead and five other people sustained injuries in a multi-vehicle collision in Littleton on Tuesday involving an empty tanker truck. The Massachusetts motor vehicle crash occurred at the intersection of Spectacle Pond Road and Route 2a.

According to Fire Chief Stephen Carter, the elderly woman who died was in the vehicle that collided with the truck. The five other accident victims were treated for nonfatal injuries. Massachusetts state police reconstruction workers are investigating the cause of the traffic crash.

According to the National Highway Traffic Safety Administration, 26 large trucks were involved in fatal truck crashes in Massachusetts in 2007. Nationally, 4,584 large trucks were involved in deadly auto accidents last year, while large 76,000 trucks were involved in motor vehicle crashes resulting in injuries.

More 2007 Large Truck Facts (NHTSA):

• There were 413,000 large truck accidents.
• There were 4,808 large truck fatalities.
• 75% of the victims were riding in other motor vehicles.
• 23% of the fatalities were large truck occupants.
• 2% of the accident victims that died were not riding in or on a motor vehicle at the time of the large truck crash.
• One out of nine traffic deaths involved a large truck crash.
• 28% of deadly two-vehicle accidents involved large trucks.
• 101,000 victims were injured in large truck accidents.
• 802 of the injury victims were riding in large trucks.
• 3,601 of the injury victims were riding in other motor vehicles.
• 405 of those injured were not occupying any vehicles at the time of the truck crash (includes pedalcyclists and pedestrians).
• Large trucks have a greater chance than passenger cars of becoming involved in deadly multi-vehicle accidents.
• In 51% of deadly two-vehicle collisions involving a large truck, both motor vehicles were driving forward at the time of the accident.
• In 11% of deadly two-vehicle crashes involving a large truck, the other vehicle was making a turn.

1 dead, 5 hurt in Littleton crash involving tanker, Boston Herald.com, November 25, 2008
Large Trucks Traffic Safety Fact Sheet, NHTSA

Related Web Resource:

Passenger Carrier Safety, FMCSA Continue reading

November 24, 2008

Boston Pedestrian Accidents Frequently Occur on Massachusetts Avenue

by Altman & Altman

Students and workers on Massachusetts Avenue are complaining that the street is a danger zone for pedestrians. Aggressive drivers, multiple buses, motorcyclists weaving through traffic, speeding ambulances, faulty walk signals, and pedestrians talking on cell phones are some of the reasons they cite for why so many pedestrian accidents keep happening on this busy Boston road.

Since the Boston University School of Public Health installed new facilities on Massachusetts Avenue this year, at least six pedestrians have been hit by cars. There have also been a number of near-miss pedestrian accidents.

For example, on August 29, Associate Professor Anita Raj was struck by a motor vehicle as she stepped onto Massachusetts Avenue. She sustained minor bruises in the traffic accident.

According to The Boston Globe, professors, other staffers, and students are calling on Boston police to put in a four-way traffic stop, install traffic cameras, and enforce traffic laws. A few months ago, the Boston Transportation Department posted bigger “Yield to Pedestrian” and “No Turn on Red” signs, as well as signs warning pedestrians to watch out for vehicles that are turning. Boston workers also repainted the street’s crosswalks. New traffic signal controllers allowing pedestrians to cross the street before the green light goes on will also be installed.

Municipal safety officials are supposed to make sure that all streets are safe for motorists and pedestrians-especially on roads where there is plenty of traffic and/or are located around school zones and in residential areas. There are also steps that motorists can take to prevent pedestrian accidents from happening.

Some Steps Drivers Can Take to Avoid Boston Pedestrian Accidents:

• Yield to pedestrians.
• Watch out for pedestrians that appear distracted when crossing the street.
• If there is a car that is stopped in front of you or next to you, consider that there may be a pedestrian crossing the street and you may have to stop also.
• Be on the lookout for pedestrians that may be walking behind your motor vehicle as you are backing up.
• Even if it is your turn to move forward in traffic, look out for pedestrians that may still be in pedestrian zones or elsewhere on the street.

On Mass. Ave., a danger zone for pedestrians, Boston.com, November 23, 2008
Pedestrian Safety, ICBS
Related Web Resources:

Boston Transportation Department

National Highway Traffic Safety Administration
Continue reading

November 21, 2008

2 MBTA Workers Involved in Separate Massachusetts Train Accidents Test Positive for Substance Abuse

by Altman & Altman

A Massachusetts Transportation Bay Authority spokesperson says that two MBTA workers who were involved in separate Green Line train accidents over the last week tested positive for alcohol or drugs. Both employees have been suspended without pay until the formal process for firing them is concluded.

In one of the Massachusetts train accidents, seven people were taken to local hospitals after they complained of neck and head pain following a rear-end crash between two trolleys at Boylston Station last Friday. The 39-year-old operator of the trolley that rear-ended the other trolley tested positive for cocaine.

On Monday, a Boston College student who was wearing headphones while crossing the railroad tracks was struck by an MBTA train. Michael Cordo sustained facial lacerations and serious head injuries. Witnesses say that Cordo did not hear the train operator blow the horn. The 33-year-old rear-car operator tested positive for alcohol at a level above the MBTA’s .02% limit.

Although alcohol or drug use is not cited as the cause of either train crash, the fact that the two workers that were involved in the recent train accidents tested positive for substance use raises questions about how much substance abuse occurs among MBTA workers. Everyday, thousands of Massachusetts commuters ride in trains operated by MBTA employees who are entrusted with safely transporting them to their destinations.

Impaired Driving
It is dangerous to operate a car, train, bus, motorcycle, truck, or any other motor vehicle while driving under the influence of alcohol or drugs. Drunk or drugged driving affects a driver’s reflexes and ability to think clearly and can increase the chances of a motor vehicle crash occurring. A Massachusetts train collision can result in serious personal injuries for hundreds of train passengers and other motorists and pedestrians.

2 at T may be fired in crashes, Boston.com, November 21, 2008
College student struck by Green Line train, BostonHerald.com, November 17, 2008
Trolley collision injures 7, delays Green Line, Boston.com, November 14, 2008

Related Web Resources:

Massachusetts Bay Transportation Authority

Trolley Drivers Undergo Seven Weeks Of Training, WBTZ.com, May 29, 2008 Continue reading

November 18, 2008

Massachusetts Doctors Say Fear of Medical Malpractice Lawsuits Compels Them to Practice Defensive Medicine

by Altman & Altman

According to the Massachusetts Medical Society, many physicians in the state are so afraid that patients will sue them for medical malpractice that they order unnecessary procedures, hospital stays, tests, and referrals just to prevent lawsuits from happening. Their “defensive medicine” practices are reportedly causing healthcare costs in Massachusetts to increase by at least $1.4 billion each year.

The society also noted that this financial figure is likely an underestimation of the problem because only 900 doctors took party in the survey, accounting for just 46% of all Massachusetts doctors. Family doctors, general surgeons, obstetricians, and gynecologists were among the physicians who took part in the survey.

One doctor, former medical society president Alan Woodward, said the study results clearly show the need to change the system so that doctors can admit that they’ve made medical errors and injured patients can be fairly compensated in arbitration. Woodward noted that unnecessary tests, such as image testing, could expose patients to unnecessary injuries, such as allergic reactions to dyes, radiation exposure, biopsy complications, and infections.

38% of the physicians who took part in the survey noted that their fear of becoming a defendant in a medical malpractice lawsuit caused them to reduce the number of high-risk procedures they perform. 28% of the doctors surveyed said that fear of liability often affected the kind of care they provided patients. In the Journal of the American Medical Associaton, a 2005 survey found that 93% of US doctors practiced defensive medicine.

Medical Malpractice
In most cases, medical care is supposed to help a patient get better or prevent him or her from getting worse. If you believe that you or you loved one’s injuries or worsened condition are a result of errors made by a Massachusetts doctor, nurse, medical technician, or another medical provider, you need to consider your legal options. Massachusetts physicians owe all patients a duty of care. Failure to provide that care is negligence and can be grounds for a medical malpractice or wrongful death lawsuit.

Doctors’ fear of lawsuits tied to added costs of $1.4b, Boston.com, November 18, 2008
MMS First-of-its-kind Survey of Physicians Shows Extent and Cost of the Practice of Defensive Medicine and its Multiple Effects of Health Care on the State, Massachusetts Medical Society, November 17, 2008
Wasted Medical Dollars, USA Today, April 23, 2008
Related Web Resources:

Massachusetts Medical Society

Defensive Medicine Report, Massachusetts Medical Society (PDF)
Continue reading

November 13, 2008

Couple Files Massachusetts Motorcycle Accident Lawsuit Against the Town of Pepperell

by Altman & Altman

A Pepperell couple is suing the town of Pepperell for personal injuries they sustained in a Massachusetts motorcycle collision in 2005. Edward and Jennifer DiNitto are suing the town for $500,000 to cover medical bills and lost wages. They filed the personal injury lawsuit in Lowell Superior Court.

On July 28, 2005, the couple was riding their Harley-Davidson motorcycle on Hollis Street when they crashed into the side of a pickup truck at the intersection of Brookline and Hollis Streets. In their lawsuit, the couple contends that the town was negligent for its failure to properly maintain the intersection and the public land abutting it. Their complaint accuses the town of failing to cut down trees and overhanging vegetation, which obstructed drivers’ view of the road. The couple also claims the town was negligent in its placement of a stop sign.

Edward sustained lacerations, broken bones, and internal injuries in the crash. Jennifer sustained a broken left leg, a fractured pelvis, and shattered her left ankle.

November 11, 2008

$5 Million Massachusetts Personal Injury Verdict Awarded to Quincy Woman Who Lost Her Arm in North Andover Drunk Driving Accident

by Altman & Altman

An Essex Superior Court jury has ordered the 99 Restaurants of Boston and Haverhill resident David Kvinlaug to pay a Quincy woman $5 million for personal injury. Laurie Clifford lost her arm in a 2003 drunk driving accident. Kvinlaug, who was driving the car that Clifford was riding in, pleaded guilty to drunk driving and served 90 days in jail.

On May 18, 2003, bartenders at the Ninety Nine Restaurant & Pub in North Andover reportedly served Kvinlaug, who worked at the restaurant as a line cook but was off-duty at the time, the equivalent of 11 12-ounce beers in under two hours. The 32-year-old then reportedly had a few more drinks at a party before driving his vehicle into a school bus that was parked on Chadwick Street.

Clifford and another passenger were in the car when the accident happened. Clifford’s arm, which was almost severed in the catastrophic Massachusetts crash, had to be amputated following 30 surgeries to try repairing her arm.

November 6, 2008

$13.5 Million Boston Wrongful Death Verdict Awarded to Family of Woman Who Died After Receiving Experimental Cancer Drug Treatment

by Altman & Altman

In Boston, Massachusetts, a Suffolk Superior Court jury awarded the family of Amy Altman $13.5 million for her wrongful death. Altman died in July 2003 after undergoing a cycle of experimental chemotherapy to treat her cancer.

The 40-year-old mother of two young girls, who sought treatment at the Dana-Farber Cancer Institute, was receiving chemotherapy for Ewing’s sarcoma once every two weeks instead of the standard treatment of once every three weeks. According to the family’s Massachusetts wrongful death lawyer, the protocol had never been tried on another adult prior to Altman. However, she agreed to the treatment based on the recommendations of the Dana-Farber oncologists. He pointed out that while Altman was aware of the side effects, she did not know how dangerous they could be for her.

Altman developed diarrhea two months into the treatment and, according to the family’s attorney, two Dana-Farber oncologists that consulted with her dismissed the diarrhea as a natural side effect. Soon after, Altman began having problems urinating and started experiencing severe pain in her abdomen.

November 5, 2008

Dorchester Crossing Guard Struck by Car in Massachusetts Traffic Accident Dies From Her Injuries

by Altman & Altman

In Massachusetts, the 59-year old crossing guard who was struck by a car as she helped a 10-year-old across a Dorchester street has died. Marie Conley passed away one week after the October 21 pedestrian accident that took place outside Mathers Elementary School.

The pedestrian accident took place in the morning. According to Boston police, Conley was using her reflective vest and had signaled that traffic should stop when she was hit by a car, driven by senior driver Anis G. Gazeau, as she walked into the crosswalk. Following the accident, Conley was rushed to Boston Medical Center with serious head injuries.

Boston Police are working with the Suffolk District Attorney’s Office to charge motorist Gazeau with motor vehicle homicide by negligent operation. The 86-year-old driver has already been cited for failure to yield to a pedestrian and negligent operation of a motor vehicle. Witnesses say his car drove through the crosswalk at a speed of around 20 mph.

In an interview with the Boston Globe, Gazeau said he was not at fault and did not cause the deadly pedestrian accident. He says he never saw Conley step in front of his car. He also claims that the crossing guard walked backward into his car as she watched the kids on the sidewalk. Investigators tested his car brakes at the October 21 crash scene and found that they were working properly.

Gazeau has a number of driving infractions on his record. He was involved in another pedestrian accident in 2002. Police cited him then for failing to yield.

Conley is a grandmother and the mother of four children who spent eight years working as a school traffic supervisor. She helped young kids cross the street to and from school and, when necessary, stayed at work after her shift was over to keep kids company while they waited for their parents.

Crossing guard struck by car dies, Boston.com, October 30, 2006
Crossing Guard Struck By Car Dies Of Injuries, WBZ, October 29, 2008
Crossing Guard Hit, Injured Outside School, The Boston Channel, October 21, 2008

Related Web Resource:

Adult School Crossing Guard Guidelines, SRTS Guide Continue reading