Boston Injury Lawyer Blog

November 2, 2008

Mother and 9-Year-old Son Die in Massachusetts Motor Vehicle Accident While Trick-or-Treating

In Westfield, a mother and her nine-year-old son died on Halloween Night when they were struck by a car while trick-or-treating. Roberta A. Salois, 47, and Steven X. Smith-Salois were crossing the street when the deadly Massachusetts motor vehicle crash happened on South Maple Street, which is also called Route 202.

Steven was wearing a Batman costume that night. After the accident, he was taken to Baystate Medical Center in Springfield where he was pronounced dead. Roberta was pronounced dead at Noble Hospital.

The driver of the 2005 Toyota that struck Roberta and Steven is 25-year-old Westfield resident Anne R. Schlichtig. She was not injured in the traffic accident, and no charges have been filed against her. Westfield police, however, are continuing to investigate the deadly crash.

According to witnesses that saw the accident scene, the street was littered with candy and Steven’s shoes, which had come off during the pedestrian accident. One neighbor says that traffic was moving rapidly on South Maple Street that Friday night.

According to the National Highway Traffic Safety Administration:

• Out of the 4,654 pedestrian deaths last year, 306 of these fatalities were children, age 14 and under.
• 187 of these kids were boys.
• 18% of the kids belonging to this age range that died in traffic deaths were pedestrians.
• 14,000 of the 70,000 pedestrians that sustained injuries last year were age 14 or younger.
• 8,000 of the kids in this age range who got hurt were boys.
• 80% of children pedestrian deaths occurred at non-intersections.

Driver Kills Mother, Son, Out for Halloween, Boston.com, November 2, 2008
Family, friends in grief after Halloween tragedy, Boston.com, November 2, 2008

Related Web Resources:

2007 Traffic Safety Facts: Children, NHTSA
Pedestrian and Bicycle Information Center
Continue reading

October 29, 2008

8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show

by Altman & Altman

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008
DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts
‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.
Continue reading

October 27, 2008

Massachusetts Construction Worker Sustains Crush Injuries After Getting Trapped Under Machinery in Whitman Accident

by Altman & Altman

A Massachusetts construction worker sustained moderate crush injuries after getting hurt at T & K Asphalt Sealing in Whitman on Monday. The worker, 32, was under the cab of a bobcat when the bucket arms of the heavy machinery came down and crushed him. A co-worker lifted the construction equipment off the injured worker.

According to Whitman Fire Chief Timothy Grenneo, the man was in great pain. The victim was transported to Beth Israel Hospital for treatment of his injuries. The Department of Public Safety and the Occupational Safety and Health Administration are investigating the cause of the construction accident.

If you or your loved one is a worker who was injured in a Massachusetts construction accident, it is important that you know about your rights to receive workers’ compensation benefits or personal injury recovery from any negligent third parties.

Examples of Construction Accidents that Can Result in Serious Injuries:

• Gas explosions • Fires
• Welding accidents • Fall accidents • Trench collapses • Electrocution accidents • Hazardous leaks • Electric shock accidents • Motor vehicle accidents • Construction machinery accidents • Operating equipment accidents • Scaffolding accidents • Crane accidents • Accidents involving defective construction equipment
Construction injuries can lead to costly medical and recovery bills. In some instances, a construction worker may be so seriously injured that he or she may no longer be able to work again and support the family. Ongoing medical and nursing care can take a toll not only on the victim but also on the family’s financial livelihood.

Man trapped by constuction machinery in Whitman, Wicked Local, October 27, 2008
Construction worker injured in Whitman, 7 Boston, October 27, 2008

Related Web Resources:

Occupational Health and Safety Administration

Massachusetts Department of Public Safety

T & K Asphalt Sealing
Continue reading

October 23, 2008

Mother of Medford Cheerleader Sues Tewskbury Gym for Wrongful Death in Massachusetts

by Altman & Altman

A Medford mother is suing East Elite Cheer Gym for her daughter’s 2005 wrongful death. Ashley Burns, then 14, died from a lacerated spleen after she fell during a routine cheerleading stunt at the gym.

Ashley was taking cheerleading lessons at the gym, along with other members of the Medford High School cheerleading team when the accident happened. According to Ruth Burns’s Massachusetts wrongful death lawsuit, filed in Middlesex Superior Court, her daughter fell while attempting to perform a double twist dismount while being “popped up” by two other cheerleaders.

Ashley was Ruth’s only child. Ruth says that she continues to take medication and is unable to work because of Ashley’s death.

October 20, 2008

Appeals Court Upholds Quincy Family’s $3.1 Million Award For FBI Leak that Led to Fisherman’s Death

by Altman & Altman

Last week, the 1st U.S. Circuit Court of Appeals upheld a $3.1 million award against the US government for the wrongful death of a Massachusetts fisherman who was murdered in Boston by Winter Hill gang leaders Stephen Flemmi and James “Whitey” Bulger after an FBI agent leaked information to them. John McIntyre was murdered in 1984.

The US government has argued that ex-FBI agent John Connolly was a “rogue” agent who acted outside the scope of his job when he ignored the criminal activities of Bulger and Flemmi, who were his informants. The 1st Circuit Court, however, says that even though Connolly’s actions were illegal and went against FBI policy, they did fall within the scope of his job because the government allowed what it knew (or should have known) was going on for “the greater good of bringing down La Cosa Nostra.”

The court said that McIntyre’s wrongful death occurred because of the FBI’s attitude. McIntyre, also a government informant, was tortured to death after Connolly told the two gang leaders that the fisherman was going to implicate them over their involvement in an Irish Republican Army arms-smuggling ring.

October 16, 2008

NHTSA Records 61 Pedestrian Deaths in Massachusetts

by Altman & Altman

Out of the 417 Massachusetts traffic deaths in 2007, the National Highway Traffic Safety Administration says that 61 of those fatalities were pedestrians. Nationally in the US, there were 4,654 pedestrian deaths last year, with one pedestrian dying every 13 minutes.

2007’s national total is a 13% decrease from 10 years prior when 5,321 pedestrians died in 1997. 70,000 pedestrians survived traffic accidents with injuries last year.

Other 2007 NHTSA US Pedestrian Facts:

• 73% of pedestrian deaths happened in urban areas.
• 77% of pedestrian fatalities took place at non-intersections.
• Over 70% of the pedestrians that died last year were male.
• 721 elderly pedestrians, ages 70 and over, died in the US last year.
• 8% of pedestrian fatalities were children ages 15 and younger.
• 23% of pedestrian injury victims were also children in this age group.
• 85% of nonoccupant fatalities were pedestrians.
• 13% of nonoccupant fatalities were pedalcyclists.
• The remaining 3% were roller skaters, skateboarders, etc.
• In 49% of traffic accidents resulting in pedestrian deaths, at least one of the parties involved-whether the motorist or the pedestrian-had been drinking.

Under the General Laws of Massachusetts, motorists are supposed to yield the right-of-way to pedestrians crossing the streets in crosswalks, whether or not they are marked or unmarked. Both drivers and pedestrians are expected to exercise caution on the roads to prevent traffic accidents.

Pedestrians are at high risk of getting seriously hurt or dying anytime they are involved in an accident with a car, truck, bus, or motorcycle.

2007 Pedestrian Traffic Safety, NHTSA
Chapter 89: Section 11. Marked crosswalks; yielding right of way to pedestrians; penalty, The General Laws of Massachusetts

Related Web Resources:

Pedestrian Safety, Federal Highway Administration

Pedestrian and Bicycle Information Center, WalkingInfo.org Continue reading

October 13, 2008

One Massachusetts Construction Worker is Dead and Another is Injured in Fall Accident From Lift at a Waltham Job Site

by Altman & Altman

In Massachusetts, a construction accident on the AstraZeneca campus in Waltham on Sunday has left one worker, 40, dead and another, age 30, with serious injuries. According to Waltham Police, the work accident occurred at around 11 in the morning while the men were installing aluminum panels to the side of the lab that is under construction.

The two workers plunged to the ground some 25 feet when the hydraulic lift that the two men were on tipped over. While the older man died at the accident site, the younger worker was admitted to Beth Israel Deaconess Medical Center.

Police, who are investigating the crash, say that the lift, which was on an incline, became unstable. The Occupational Safety and Health Administration is also investigating the fall accident.

The two construction workers worked for Lymo Construction. An earlier accident at the Lymo site resulted in one worker hurting his knee. The company, however, says that it has an “excellent” safety record on the project. Lymo was cited three years ago for not having enough fall protection at a construction site in Pembroke.

Fall Accidents
Due to the nature of construction work, workers do risk getting hurt in fall accidents. This is why it is so important that construction companies implement and enforce the proper safety precautions and that workers use the correct protection gear.

Examples of Construction Falls:

Falls from roofs: Examples of this leading cause of death at construction sites include falls through skylights and openings in roofs, as well as falls from communication towers and rooftops.

Falls from cranes: Workers have been known to fall from great heights when a crane falls over. A series of crane collapse accidents in the US have led critics to question whether the proper safety precautions are being taken to prevent crane accidents.

Falls from elevator shafts: A worker doesn’t have to fall from a great height through an elevator shaft in order to sustain serious injuries or die.

Scaffolding falls: A common cause of scaffolding fall accidents is faulty construction.

Falls through Holes in Construction Site Floors: Weak floors or holes in flooring can lead to serious injuries for workers.

1 killed, 1 hurt in accident at job site, Boston.com, October 11, 2008
Man dead, another critical after lift collapse in Waltham, The MetroWest Daily News, October 10, 2008

Related Web Resources:

Lymo Construction

Occupational Safety and Health Administration
Continue reading

October 9, 2008

Widow of Massachusetts Doctor Killed When Patient Drove Car Into Brockton Hospital Sues the Driver’s Doctors for His Wrongful Death

by Altman & Altman

In Massachusetts, a wrongful death lawsuit filed in Plymouth County Superior Court alleges that the doctors of the woman who accidentally drove her car into Brockton Hospital last year are also responsible for her husband’s wrongful death. Kathleen Vasa is suing Compass Medical, Dr. George Clairmont, Dr. Michelle Beaupre, Dr. Ersan Yalcin, and Dr. Jonathan Ellis for the death of her husband, Dr. Mark Vasa.

Vasa and another victim were killed last year after the vehicle driven by patient Jane Berghold crashed into the hospital. Berghold was a breast cancer patient who was being treated at the hospital.

Local police say the 77-year-old woman stepped on the gas pedal when she meant to step on the brake while parking her car. Instead of stopping her car, she drove her vehicle through the hospital’s radiation department. Vasa was the chief of radiation therapy at the hospital.

October 8, 2008

Cape Code Hospital Loses Key Evidence in Massachusetts Medical Malpractice Lawsuit Alleging Surgical Malpractice

by Altman & Altman

Key evidence in the Massachusetts medical malpractice case filed by a woman who went blind after undergoing sinus surgery at Cape Code Hospital has disappeared. The medical malpractice trial is slated to begin next week.

The missing evidence consists of absorbent gauze, sutures, and a latex glove finger that were involved in the surgical malpractice incident. Plaintiff Jeannine Cullen underwent sinus surgery at the hospital in November 2001.

During the procedure, the packing material was inserted in Cullen’s throat and experienced a loss of oxygen that eventually resulted in her loss of vision. The packing material, considered key evidence in the case, was being held in a safe in the hospital’s Pathology Department.

October 6, 2008

Massachusetts Family to Receive $28 Million For Wrongful Death of Woman Killed When Big Dig Tunnel Ceiling Collapsed

by Altman & Altman

The Boston widower and children of a woman that died in July 2006 when 26 tons of concrete fell from the Big Dig tunnel ceiling onto the car she was riding, will receive over $28 million for her wrongful death. The settlement resolves the family’s claim against all the defendants, including the Massachusetts Turnpike Authority, Modern Continental Co., Gannett Fleming Inc., Bechtel/Parsons Brinkerhoff, Newman Associates, and Powers Fasteners. The family is represented by Denner & Pellegrino, LLP.

39-year-old Milena Del Valle was crushed by the weight of the concrete slabs that fell onto the motor vehicle she was in. Her husband Angel, who was driving the car at the time of the accident, sustained minor injuries in the tunnel ceiling collapse.

A report released by the National Transportation Board last year found that a different kind of epoxy should have been used in the tunnel’s construction. The report placed blame for the deadly collapse on designer Gannett Fleming, construction contractor Modern Continental, Big Dig project manager Bechtel/Parsons Brinkerhoff, and Powers Fastener, which provided the epoxy.