by

Employment discrimination occurs when an employee is treated unfairly based on factors unrelated to job performance. It is illegal to use an individual’s race, gender, age, religion, disability, or sexual orientation against him or her with regard to hiring, firing, workers’ compensation, and eligibility for disability. These laws are federally regulated by the Equal Employment Opportunity Commission (EEOC). In Massachusetts, the Commission Against Discrimination (MCAD) enforces these laws. Any assumption made by an employer based on generalizations or stereotypes violates a variety of equal opportunity acts and is cause for a potential discrimination claim.

Harassment

The EEOC defines harassment as any form of uncomfortable and unwelcome behavior based on race, color, religion, gender, age (40 or older), nationality, disability, or genetics. The basis of a harassment charge stems from two elements:

  1. The plaintiff must tolerate the offensive behavior as a condition of employment.
  2. The severity of the offensive behavior creates a hostile work environment.

In addition, it is unlawful to use harassment against any employee to keep him or her from testifying or disclosing any necessary information in a legal proceeding.

Harassment claims can be filed against a supervisor, agent of the employer, coworker, or non-employee. The person being harassed may not necessarily be the plaintiff. Any employee exposed to consistent offensive behavior may file. Continue reading

by

A gas explosion inside of a New Braintree home has left one man seriously injured and investigators looking for more answers. At approximately 1:10 PM Wednesday afternoon, a fire occurred when a contractor was installing a propane-fueled furnace at a New Braintree residence, according to reports provided by a spokeswoman for the state fire marshal by the name of Jennifer Mieth.

Law enforcement officials responding to the scene have stated the preliminary investigation into the matter has provided them with a probable cause for the explosion. Based on the initial findings, investigators believe the fire was started when leaking propane became ignited by the hot water heater pilot. It was at this time that the explosion occurred, seriously injuring the contractor who had been tending to the furnace at the time. The man, who has yet to be identified by police officials, was airlifted by a medical hospital to a Boston-area hospital to receive treatment for his wounds. The nature and severity of his injuries was not made immediately available. Fire marshal spokeswoman Jennifer Mieth also stated that there was no one else inside the home located on 791 Wine Road in New Braintree at the time of the explosion and that with the unfortunate exception of the contractor, no one else had been injured at the time of the accident. Continue reading

by

The popular furniture manufacturer IKEA is issuing its second product recall in recent months. This time they are recalling approximately 359,000 children’s nightlights after reports have indicated that the lights may be defective and could cause possible electric shock to children. The PATRULL nightlights have only received one recorded complaint thus far—but IKEA felt that one complaint was one too many and issued the recall as a safety precaution. The recall of these PATRULL nightlights comes shortly after IKEA had to recall their MALM chests and drawers after they received multiple troubling reports of the items tipping over and seriously injuring children that had become trapped underneath the furniture.

According to a press release provided by the company, IKEA has stated that they received an alarming complaint from a customer in Austria that led them to make the executive decision to issue a total recall across the United States for the same faulty product. The report from Austria detailed an incident in which a young child attempted to remove the nightlight from their wall and by doing so they dislodged the plastic cover of the light. When the plastic cover became dislodged, the child suffered a shock from the exposed wires beneath the cover. Reportedly the child suffered minor wounds to their hand during the accident. Continue reading

by

With August in full swing, many recreational boaters are taking as much advantage of the remaining boating season as possible. The final weeks of summer recreation have increased potential for unfortunate accidents involving drinking and boating. The US Coast Guard’s Office of Auxiliary and Boating Safety reports alcohol use as the leading factor in boating fatalities in Massachusetts, despite persistent warnings from safety officials. Many boaters tend to dismiss the effects of sun, wind, heat, and motion in combination with even a minimum amount of alcohol consumption. The cultural perception of drinking while boating coincides with the concept of leisure, relaxation, and celebration. However, drinking and boating has been perceived by many law enforcement officials as more dangerous than drinking and driving.

Penalties for Boating Under the Influence

Massachusetts has some of the strictest penalties for boating under the influence (BUI) in the United States. Repercussions from “boozing and boating” are the same as those for receiving a DUI (driving under the influence). These penalties apply to the influence of other substances as well, including narcotics, stimulants, depressants, marijuana, or any combination of these. As with motor vehicles, the legal blood alcohol content (BAC) limit for operating a vessel is 0.08.

Legal consequences are dependent on factors like the defendant’s legal history and damages and injuries incurred due to the accident:

  • First time offense – If charged, the defendant may receive a maximum of one and a half years of prison time, or a maximum $1,000 fine, or both. Both motor vehicle and vessel licenses may be revoked for up to a year.
  • Second offense within six years – While the maximum fine remains at $1,000, maximum prison time increases to two and a half years.
  • Penalties increase with consecutive offenses and increased severity of injuries to others.

Continue reading

by

A fraternity at the esteemed Yale University is facing charges after a car accident in 2011 left one woman dead and seriously injured two others. The lawsuit against the Sigma Phi Epsilon fraternity was filed in 2013 by the families of the victims. After years of waiting, the case is finally heading to trial.

According to reports, members of the Sigma Phi Epsilon were heading to a tailgating event for a Yale vs. Harvard football game that was taking place on November 19th, 2011. Members of the fraternity were driving to the event in a U-Haul truck that contained kegs when the driver of the vehicle, Brendon Ross, lost control of the truck. It was not made immediately clear what caused Ross to lose control at this time. Police responding to the scene have stated that Ross accelerated into a crowd of pedestrians in the area shortly before the U-Haul struck another truck nearby. The pedestrians had been gathered in an area typically used for tailgating outside of the Yale Bowl. At some point during the accident, Ross struck and killed Nancy Barry of Salem, Massachusetts. He also seriously injured two other women, one of whom was a student at Yale at the time by the name of Sarah Short. The two victims were treated for their injuries.

The families of Nancy Barry and Sarah Short want to hold the fraternity responsible for the actions of Brendon Ross. Brendon Ross entered a probation program following the accident which therefore absolved him of criminal charges. The families of Barry and Short wanted to sue Ross, Yale University, the national chapter for Sigma Phi Epsilon, and the U-Haul company for damages. The lawsuits for these are still currently pending. The lawsuit against Sigma Phi Epsilon includes charges against not only Brendon Ross, but all 86 members of the fraternity. Some of the 86 members included in the lawsuit were former members and some are still currently members of Sigma Phi Epsilon.

Continue reading

by

Many people assume that minor injuries from simple fender benders and other minor car accidents are temporary. The misconception that cuts, scrapes, bruises, or pulled muscles will heal fairly quickly keeps people from pursuing preventative legal measures, such as seeking medical attention and documenting symptoms. However, certain types of muscle and joint injuries may not present any symptoms for weeks, months, or even years. One of the most common of these types of injuries is whiplash, which can occur at speeds as low as five miles per hour. Chronic headaches and arthritis can develop over time with cases of whiplash. Understanding the potential for minor injuries to cause serious, long-term health problems is essential if you’ve been injured in any type of accident.

Whiplash

In the mildest of collisions or sudden stops, a passenger’s body can be jolted forward and backward abruptly. The muscles, ligaments, discs, and tissues of the neck become hyperextended, first in one direction then sharply in the other. This can result in misalignment of vertebrae, muscle tears and strains. Subsequent swelling places pressure on nerves, causing potentially chronic symptoms including:

  • Neck pain and stiffness
  • Headaches
  • Shoulder pain
  • Back pain
  • Concentration issues
  • Memory loss or difficulty
  • Fatigue
  • Trouble sleeping
  • Irritability

Whiplash is most often diagnosed using CT scans or magnetic resonance imaging (MRI). Treatment may include a combination of pain relief medications, physical therapy, traction, massage, ice therapy, and injections. Continue reading

by

A pedestrian was struck and killed by an Amtrak train in Mansfield, Massachusetts early this morning, Thursday August 13th. 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

by

The National Highway Traffic Safety Administration (NHTSA) reports that nine percent of passenger vehicles are driven with at least one bald tire. The dangers of worn and under-inflated tires are often overlooked by car and commercial vehicle owners, increasing the risk of accidents for everyone on the road. Even at the middle point of a tire’s lifespan, tread loses a significant amount of grip. This is especially dangerous when poor road conditions and bad weather are involved, contributing to braking and steering difficulty that may result in collisions. Drivers with poorly maintained, unsafe tires may be held liable in a vehicle crash.

Standards

A tire’s grooves help them grip the road. The tread on new tires is approximately 10/32 of an inch deep. Manufacturers create a series of molded horizontal bars at the base of these grooves so that regular maintenance checks can determine how far the tread has worn down. Professionals in the auto industry typically consider tires to be bald when the grooves reach 2/32 of an inch. At this point, a tire will fail safety inspections. However, the tire’s ability to grip the road can become dangerously low before it hits the 2/32 mark. This increases the risk of an accident, particularly in conditions of icy, snowy, or wet roads. In addition to tread depth, the Rubber Manufacturers Association states that determining the expiration of a tire is difficult, as factors including heat and storage affect the aging of the rubber.

Heat Build-Up

When exposed to heat, air has difficulty circulating through the rubber, causing the tire’s pressure to increase. The summertime temperature of pavement and the heat created by friction from high speeds, excessive cornering, and frequent braking can increase the risk for hazardous tire blowouts. Under-inflation and age add to this risk. Even with the best maintenance and driving practices, worn tire treads are extremely dangerous. Sunlight and coastal climates also tend to age tires quickly. Continue reading

by

Two women from Lowell, Massachusetts were fired from their jobs as nursing home aides when video footage was discovered depicting the two women abusing and humiliating elderly residents. 23 year old Sabrina Costa and 23 year old Kala Shaniece Lopez were arrested by Lowell Police after videos they posted to the social media app “Snapchat” were reported to authorities.

According to preliminary reports, the videos showed Costa and Lopez engaging in various humiliating acts with the elderly residents of the Wingate at Belvidere nursing home located in Lowell. Initial reports have stated that some of the elderly victims are suffering from dementia. The judge ruling on the case has called the actions of Costa and Lopez “beyond reprehensible.” Of the footage amassed in this case, one clip depicts an 86 year old patient being questioned by one of the female workers about marijuana usage and their sex life—questions that were being asked while the patient, though fully clothed, was using a commode. Additional video footage shows the same elderly woman fast asleep before one of the women screams loudly, startling the patient into waking up.

Once police began their investigation, they searched the phone of Kala Lopez and found further videos of Sabrina Costa getting into bed beside a 99 year old patient before Costa wraps her arms around the patient and tells her that she loves her. The patient, clearly distraught, asks for Costa to please leave her alone. A prosecutor for the case, Tommy Noda, said the age range of the victims in these videos is between 75-99 years old. Police originally received notice of these videos on July 31st and immediately contacted representatives of the Wingate at Belvidere nursing home, only to find out that family members of these patients had already contacted the home about the disturbing videos. The nursing home stated at that time that they had begun their own investigation into the matter and that they had promptly fired Sabrina Costa and Kala Lopez following the allegations. Lowell police have indicated that both women were positively identified in the videos. Continue reading

by

A woman who suffered a horrific rape in a hotel parking garage in 2009 has been awarded a multi-million dollar verdict from the jury hearing her case. Kira Wahlstrom, who was brutally assaulted in a Boston based Radisson hotel parking garage, had pressed charges against the owners of the hotel and the garage for what happened to her. The jury found that the company that owned the hotel at the time of the attack, JPA, was negligent—and in their negligence they contributed to this assault taking place.

The attack on Kira Wahlstrom occurred shortly after she exited an elevator on her way to her vehicle after work. The man riding the elevator with Ms. Wahlstrom grabbed her by the neck and head and proceeded to drag her into a stairwell where he violently raped her for over 25 minutes. Kira Wahlstrom screamed for help—but no one came to her aid. According to new reports, two security guards were in the lobby of the hotel at the time of the incident but neither of the guards responded to her cries. It was not made immediately clear if they had heard the attack at the time.

Just 12 days prior to the attack Wahlstrom faced, another woman was raped by the same suspect at the same garage. The unidentified woman was an employee for the hotel at the time of the assault. Kira Wahlstrom feels as though it were the duty of the hotel management as well as the management for the parking garage to inform the public about the attack that took place so individuals may be able to protect themselves accordingly. “It could have been prevented,” Wahlstrom has said about her assault. The jury for the case similarly concluded that the owners of the garage were responsible for informing others of the initial attack in order to protect others from suffering the same fate. 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