Boston Injury Lawyer Blog

August 12, 2015

Boston Garage Rape Victim Awarded $6.6 Million

The victim of a brutal rape at a Boston parking garage was awarded nearly $7, after a jury found the parking garage owner negligent for failing to warn and protect her from a rapist that had attacked another woman in the same garage less than two weeks prior.

Kira Wahlstrom was attacked back in 2009. “It means the world. It really does,” she told 5 Investigates’ Karen Anderson. “I had justice.”

The Suffolk County jury awarded Wahlstrom $4 million, which with interest, increased the award to more than $6.6 million. The verdict was decided after jury members found JPA, the former owners and managers of the Boston parking garage next to the Radisson hotel, were negligent.

“It could have been prevented,” Wahlstrom said to 5 Investigates. “It never had to happen.”

The jury did clear the garage, currently LAZ Parking, of any negligence. LAZ Parking was contracted to assist with management of the garage. The rapist, Jose Ruben Rivera III, pleaded guilty to both assaults.

Wahlstrom and her attorney, Don Keenan, hope this the case sheds more light on security issues and will increase security in Boston parking garages. They have already contacted the mayor’s office and Boston City Council to address the issue.

“We need to have better parking garage security, whether it be cameras or one person on every floor. They need to do something so that people are safe when they go there,” Wahlstrom said.

August 10, 2015

The Effects of Alcohol On Motorcycle Riding

by Altman & Altman

The Motorcycle Safety Foundation (MSF) reports that an estimated 46% of motorcycle riders who lose their lives in crashes have alcohol in their system when they die. Riding and drinking has been a problem for decades. However, this dangerous combination has increased dramatically over the years, as motorcycle festivals, bar hopping and other alcohol-invested activities become more popular with riding clubs. While there are many safety-oriented, responsible riders on the road, statistics show that alcohol-related motorcycle accidents are still a serious problem. The National Highway Traffic Safety Administration (NHTSA) reports that, in deadly crashes, motorcyclists are 2.5 times more likely than passenger vehicle drivers to have been drinking. Within the past decade, drinking and driving involving passenger vehicle drivers has declined by approximately 6%. Simultaneously, motorcyclist drinking and driving has increased by 10%.

Road Hazards

Structurally, motorcycles pose a much greater risk of crashing than cars due to their smaller size and lack of protection that automobile passenger compartments provide. Under the best conditions, the less stable nature of motorcycles makes them more susceptible to unexpected road hazards such as rough roads, slick or uneven surfaces, darting animals, and blind spots of other drivers. With the effects of alcohol on perception, balance, and reaction time, and the impaired judgement caused by alcohol consumption, drinking and riding substantially increases the risk of serious injury or death.

How Much is Too Much?

The legal Blood Alcohol Content (BAC) limit across the United States is 0.08% grams/deciliter. However, the MSF approximates that even the smallest amount of alcohol in a rider’s system multiplies the risk of a crash by five. MSF statistics also show that, at a BAC of 0.05%, a rider’s crash risk is forty times greater. The University of Minnesota’s Center for Transportation Studies examined motorcycle riders’ abilities on a controlled test course. Researchers found that, after only one or two drinks, riders exhibited decreased abilities and difficulty ‘self-regulating.’ Continue reading

August 7, 2015

Bicyclist Killed In Back Bay By Hit And Run Truck. Police Seek Assistance.

by Altman & Altman

A tragic accident occurred in Boston’s Back Bay this morning that claimed the life of a young woman. At about 7:00 AM this morning, Friday August 7^th, a woman in her 20’s was riding her bicycle near the intersection of Massachusetts Avenue and Beacon Street when she was struck and killed by an 18 wheeler truck. Officials responding to the scene have deemed it a hit-and-run accident, but have stated that they believe the driver of the truck may not have been aware that he had struck a pedestrian.

According to initial reports that have been released thus far, the female victim, whose name has not been disclosed at this time, was struck by the rear wheel of the flatbed truck operated by the unidentified driver. Police have since released an image captured by a city traffic camera that depicts the truck in question and has called for the help of the general public in an effort to identify the driver. The 18 wheeler is described as having a red sleeper cab which will likely have a dent in its chrome grill. The truck was also hauling a flatbed trailer attachment that was carrying a load of steel—the rear wheel of which struck the young woman and caused her fatal injuries. Continue reading

August 5, 2015

Stonehill College Faces Title IX Complaint Over Alleged Rape

by Altman & Altman

An alleged rape that took place off of the Stonehill College campus in Easton, Massachusetts has left one young woman still seeking justice. According to reports filed by Boston attorney Wendy Murphy, the unnamed victim has decided to file a Title IX complaint against the university in relation to events that took place in February of this year. The victim, a Stonehill student, believes her rights to an equal education were violated following the incident.

Attorney Wendy Murphy is representing the victim in this case, and has called for a federal investigation into the matter following the filing of the Title IX complaint. Her complaint was filed with the Office of Civil Rights within the U.S. Department of Education on July 30^th 2015. According to the female victim, she was raped on February 15^th at a location off campus by a fellow Stonehill student and athlete. The incident allegedly occurred in the bathroom of a private residence located near the school’s campus. The victim has stated in reports that she did not know the male attacker prior to the sexual assault.

The incident was not reported to campus police until March 29^th, according to Martin McGovern, a spokesman for Stonehill. After receiving the initial report, campus police notified Easton police officials about the assault, and they also provided the victim with contact information for a police detective that could further help her with the issue. However, in an email exchange with Easton Police Chief Gary Sullivan, he had stated that his department does not have information regarding an alleged rape on or around the February 15^th attack reported by the victim. Martin McGovern declined to provide the campus report received for the incident, and the police presence seems to go no further. Continue reading

August 5, 2015

UPDATE: NH Circus Tent Tragedy, Company Did Not Have Necessary Permits

by Altman & Altman

New information is being released in relation to the circus accident that took place Tuesday night in Lancaster, New Hampshire and claimed the lives of two people. Officials have confirmed that the circus company that had set up on the Lancaster Fairgrounds did not have the necessary permits for the tent that collapsed due to severe weather conditions. The “place of assembly” permit primarily used in these situations had not been acquired at the time of the accident.

Officials have not specifically indicated at this time how the lack of permit plays into the situation that took place on the Lancaster Fairgrounds. According to reports from investigators responding to the scene, winds in the area reached approximately 75 MPH at the time of the tent collapse. A storm warning had been placed into effect by the National Weather Service which advised individuals to seek cover until the storm has passed—a warning that circus organizers did not heed when they made their decision to proceed with the 5:30 PM show Tuesday night. Now, the National Weather Service is providing assistance into the investigation following the accident. Continue reading

August 5, 2015

Tent Collapse Leads To Two Fatalities at NH Circus

by Altman & Altman

An incident at a circus that took place Tuesday night in Lancaster, New Hampshire has left two people dead and thirty two others injured. Over one hundred people were in attendance at the Walker Brothers International Circus when severe weather caused a circus tent to collapse, trapping spectators inside. Accordingly to preliminary reports, the National Weather Service had issued a statement approximately twenty three minutes prior to the tent collapse, stating that due to imminent extreme weather conditions, people should be advised to take cover until the storm had passed. This warning did not deter circus operators from proceeding with their 5:30 PM scheduled show—motivations for this decision remained unclear to New Hampshire’s fire marshal as he began his investigation on scene Tuesday evening.

New Hampshire’s fire marshal, William Degnan, has said that the two victims have been identified as 41 year old Robert Young and his 8 year old daughter Annabelle Young, both of whom were from Concord, Vermont. Degnan went on to say that autopsy results for both victims indicate that they died of blunt-force trauma. The additional thirty two individuals who were injured during the collapse were treated for a variety of injuries, some severe, at four local hospitals.

Witnesses describe the scene Tuesday night as chaotic. One man, Rick Cadieux, who had attended the show with his wife and grandson, said that once the winds picked up (winds that, according to the National Weather Service, reached approximately 75-90 mph at the time of the tent collapse) the sides of the tent began to blow open. Around this time, large hailstones began pummeling the tent. Cadieux has also said that he glanced up around this time to check the security of the poles and found that they appeared to be fine. Once the wind picked up, however, the steel infrastructure of the tent collapsed causing the entire structure to fall to the ground. “There were two large 50-foot towers and they started to go and pulled the whole tent with it.” Cadieux told reporters. Thankfully, he was able to get himself and his family to safety inside their vehicle. He said that after he safely secured his wife and grandson inside his car, he ran back to the tent in order to help those who may still be trapped inside. Continue reading

August 5, 2015

“The Show Must Go On.” A Circus Operator’s Decision Costs Two Spectators Their Lives

by Altman & Altman

Despite the powerful storms that rolled through the Northeast Monday and the National Weather Service’s warnings of severe winds and thunderstorms, a circus operator at Walker Brothers International Circus proceeded to host a show at the Lancaster Fairgrounds, in New Hampshire. The decision resulted in more than 30 people being injured and two spectators being killed, when 60 mph winds caused the main tent to collapse.

New Hampshire Fire Marshal Bill Degnan is still scratching his head as to why the operator let the show go on. According to Dengan, the operator had a duty to monitor the weather conditions; the National Weather Service issued a severe thunderstorm warning at 5:23 p.m. Monday and the show began seven minutes later, with the storm passing through at 5:46 p.m. while more than 100 people were inside the tent.

The victims were identified as Robert Young, 41, and his daughter Annabelle, 8. Degnan said preliminary autopsy showed blunt force trauma as the cause of their fatal injuries. Witness Heidi Medeiros, who was attending the show with her 3-year-old son, said she saw a pole lift out of the ground and then slam in to the bleachers where she and her son had been sitting.

July 31, 2015

Two Boys Suffer Severe Sunburns At Daycare Facility

by Altman & Altman

It is every parent’s worst nightmare: getting the call that your child was injured while under the watch of caregiver.

For Shaunna Broadway of Oklahoma, she was stunned to learn that the daycare facility she sends her sons, Connor, 7, and Trae, 5, to had taken the boys to a splash park and allowed them to play outside for hours, without sunscreen.

According to CNN, Broadway had dropped her boys off at Happiness is a Learning Center last week at 9 a.m. When she arrived to pick them up, her sons were crying and writhing in pain, their skin red with severe sunburn. Staff at the daycare told the single mother that they did not have sunscreen and that the boys had refused to keep their shirts on. Broadway was advised by a local pharmacist to apply aloe to her sons’ skin—but soon found herself in the emergency room. By Sunday morning, the boys were transported to Shriners Hospital for Children with boils on their shoulders and backs and Connor complaining of chest pain. The brothers were treated for serious, second-degree burns. Son Connor’s burns had eventually reached a level of third-degree and both boys, sadly, had to have skin removed from their backs.

July 31, 2015

Summertime Caution – Open Windows Can Be A Safety Hazard For Young Children

by Altman & Altman

Summer in Boston can often be a time to leave your windows open and let the breeze roll in, an action of relief from the stifling heat. What most people fail to realize though is that these open windows may pose an enormous safety hazard for any young children present in the home—particularly if your windows are open on a high floor. During the past few weeks there have been numerous incidents where young children have fallen through open windows and suffered serious injuries; serious injuries that some may even die from if they fall a great distance.

Early Friday morning a 2 year old girl from Boston fell out of the window of her 2^nd floor apartment located on 134 Hampton Street, and landed on the patio below. Initial reports indicate that the distance the young girl fell was between 12 feet and 15 feet. Thankfully, she did not suffer any serious injuries from the fall. She was transported to Boston Medical Center following the incident and is being treated for non-life threatening injuries. The girl’s mother indicated that she believes the girl pushed aside cardboard that had been propped against the window, which is what opened the area up for her to fall through.

This occurrence is not uncommon. Children playing near windows or leaning against them will often push too hard against the screen, causing it to dislodge. This can happen fairly easily and quickly, which leaves children in a vulnerable position and prone to falling straight through the opening. Parents are encouraged to check the security and stability of the screen windows in their homes and to monitor children that may be playing near the window in order to prevent any injuries from occurring. Continue reading

July 30, 2015

Whirlpool Recalls 40,000 Ovens Over Potential Burn Injuries

by Altman & Altman

Whirlpool has recalled more than 40,000 of its Jenn-Air brand ovens over concerns that a faulty design might cause burns to consumers.

According to the Associated Press and the U.S. Consumer Product Safety Commission, the extendable rack inside the ovens has the potential of falling out. Thus far, the company has received eight reports of injuries, including one serious incident where a person suffered a second-degree burn to the back and arm.

The recall includes Jenn-Air single and double wall ovens that were sold at stores like Sears, Pacific Sales, and others and cost between $2,500 and $5,000. The Associated Press reported that about 33,000 were sold in the United States; 8,000 were sold in Canada. Whirlpool said consumers should discontinue using the extendable rack and contact the company about a free inspection and repair.