Boston Injury Lawyer Blog

August 12, 2015

Two Under Arrest In Lowell Nursing Home Abuse Case

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 31^st 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

August 12, 2015

Woman Raped In Boston Hotel Garage Awarded Multi-Million Settlement

by Altman & Altman

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

August 12, 2015

Boston Garage Rape Victim Awarded $6.6 Million

by Altman & Altman

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.