Boston Injury Lawyer Blog

March 30, 2015

Falling Cans of Seafood At Local Supermarket Result in Lawsuit

Market Basket is in the midst of a premises liability lawsuit after a patron claimed she was injured by falling seafood.

According to WCVB, 74-year-old Ida Clement is alleging Market Basket was negligent after she was struck by several bottles of clam juice, which had fallen off of a shelf at the Derry, New Hampshire store in 2012. According to Clement, she was reaching for cans of tuna fish, when the “heavy” bottles of clam juice fell from a shelf above and hit her—even before she touched anything on the shelf. Clement was forced to undergo multiple surgeries to treat her injuries.

Accidents that involve falling merchandise can be embarrassing for a victim. There may be a multitude of reasons why merchandise falls off a shelf, including products being stocked too high or being unsecured due to items of different sizes being stacked on top of each other, vibrations, or because store employees receive little or no training in proper stocking techniques. Head injuries, back injuries, and broken or sprained bones are often a result of being struck by falling merchandise. Continue reading

March 30, 2015

Massachusetts Mother Arrested for Hosting Underage Drinking Party: A Reminder to Parents About Social Host Liability Law

by Altman & Altman

A North Andover woman was arrested this weekend for hosting an underage drinking party. According to police, the woman, whose children were also both in attendance, charged teens an attendance fee.

Police officers had received reports of an underage drinking party at the Woodcrest Drive residence Friday night. There were reportedly more than 50 teenagers at the party. The woman also provided alcohol to the teens.

With prom season just around the corner and graduation coming shortly thereafter, we’d like to send a reminder to all parents with teenagers about social host liability law.

What is Massachusetts Social Host Liability Law? Under Massachusetts’ law, a social host is considered anyone who provides alcohol to a guest as an act of hospitality or allows a guest to consume an alcoholic beverage on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

In accordance with this law, a social host assumes responsibility for all injuries caused by or sustained by a guest as the result of consuming alcohol. Injuries most often result from some sort of accident, namely drunken driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well. Continue reading

March 28, 2015

Food Allergy Lawsuits Seek to Recover Personal Injury, Wrongful Death Compensation

by Altman & Altman

The family of Derek Landon Wood is suing the Publix grocery chain for wrongful death. Wood, 11, died in 2014 after eating a chocolate chip cookie that he bought at a Publix store.

He had a serious nut allergy and ate the cookie after a store worker reassured him that it was fine to eat the dessert. The food allergy lawsuit contends that the bakery at the store failed to warn about the cookie’s ingredients, as well as about the potential for cross-contamination.

In another food injury case, the family of Scott Johnson is suing a small town diner for wrongful death. The 16-year-old was severely allergic to diary.

March 24, 2015

Woman Gets $1.1M Clergy Sex Abuse Settlement

by Altman & Altman

A 49-year-old woman will get a $1.1 million in her clergy sex abuse lawsuit against the late Rev. Thomas Shea. The plaintiff, Jane Doe 2, claims that the clergyman sexually assaulted her over 60 times. The settlement was reached with the Roman Catholic Diocese of Norwich, just as the case was about to go to trial.

Jane Doe 2 said that Shea, who is now deceased, started molesting her when she was a toddler and continued to assault her for years. She is not the only one.

March 21, 2015

Are Bed and Chair Alarms At Massachusetts Nursing Homes Harmful to Patients?

by Altman & Altman

According to an article in The Boston Globe, alarms attached to wheelchairs and beds of patients at nursing homes may be more harmful than helpful. These pressure-sensitive devices, often installed in beds and wheelchairs are meant to alert staff when someone who is at risk of falling may be about to do just that. The devices were seen as a better alternative to both physical restraints, which became illegal two decades ago, and bedrails, which have since become known as entrapment and asphyxiation hazards.

However, according to a study published in The Annals of Internal Medicine in 2012, hospital bed alarms don’t seem to be reducing the number of fall incidents. Also, while the alarm warns of a likely fall, often, by the time help has arrived the patient has already fallen. It doesn’t help that making a patient to sit or lie still so an alarm won’t go off actually restricts mobility and increases the risk of falling.’

March 17, 2015

Woman in Chicopee, Massachusetts Police Brutality Case Alleges Excessive Use of Force

by Altman & Altman

Maylene Maldonado is suing the Chicopee police. She is accusing them of Massachusetts police brutality. Maldonado, who was arrested of assaulting a cop after she resisted arrested in 2013 says she was the victim of excessive police force during her booking.

Recently, surveillance video of her arrest, released by the city of Chicopee, shows one cop placing her in a chokehold and forcing her to the ground. Police claim that Maldonado, who was under the influence of alcohol and drugs, became belligerent.

She is suing Sergeant Daniel Major, who is the police officer in the video physically apprehending her, and several other individuals who currently and previously with the department. She is seeking $1 million.

March 13, 2015

Boston College is Sued Over Mishandling of Massachusetts Sex Assault Case

by Altman & Altman

A graduate of Boston College is suing the university, claiming that the school violated its own polices and federal anti-discrimination laws because of the way it handled the sex assault allegations against him. It was in 2012 that college officials charged John Doe with the sexual assault of a female student during a student boat cruise.

The school, based on its probe, found the plaintiff responsible for indecent assault and battery and he was suspended for three semesters. The student also was charged with the crime in Suffolk County District Court, but that case was thrown out last year because of video and physical evidence exonerated him.

Now, John Doe’s family wants $3 million in damages, expungement of his record, and a permanent injunction against Boston College, mandating that it must comply with Title IX, which requires gender equity on campus.

March 9, 2015

Family Sues Walgreens, Abbot Laboratories for Wrongful Death Involving Erroneous Diabetic Test Strips

by Altman & Altman

The family of Abbie Harper is suing Walgreens and Abbott Laboratories for wrongful death. The 23-year-old law school student had been using the FreeStyle-brand test strips made by Abbott to monitor her diabetes.

The products liability case contends that the strips, along with a blood glucose meter and Omnibod insulin pump, which were made by defendant Insulet, gave Abbott the wrong glucose readouts, causing her to take less insulin than she needed. Abbott died in November 2013.

Four days after her passing, Abbott recalled the test strips, noting in certain instances that the product had provided the wrong low blood glucose findings. The plaintiffs believe that aside from the product defect, there were also issues of compatibility involving certain devices. Their legal team believes that a manufacturing error caused the test strips to become defective.

March 7, 2015

Ex-Western Massachusetts Police Academy Student Files Lawsuit Over Hazing

by Altman & Altman

Timothy Turley is suing the Western Massachusetts Regional Police Academy. The 47-year-old West Roxbury resident, who enrolled as a student in 2013, said that not only was he subjected to numerous indignities, but also he was the target of age-related jokes and racially charged edicts by instructors. Some of these teachers are accused of directing anti-gay slurs at students. In addition to the academy, Turley is suing Municipal Police Training Committee director Daniel Zikovich, academy director Curtis McKenzie, the Municipal Police Training Commission, Delilah Yee, and Robert Powers.

In his Massachusetts hazing case, Turley claims that because he complained, he was expelled one month before finishing the program. He appealed the dismissal, but his request was denied. Prior to enrolling in the program, he worked as a law enforcement officer with the Suffolk County Sheriff’s Department for twenty years.

Among the behaviors Turley was forced to endure: being made to put socks on a colleague’s bare feet, writing the “Use of Force” rule daily on a white board, and punishment for misspelling the word “volatile” in an assignment—he claims that his younger classmates who made common mistakes didn’t endure such treatment.One trainer that Turley identifies in his complaint is Sean Shattuck, a Holyoke cop who was involved in a brawl at a bar while off-duty in 2007. The plaintiff accuses him of simulating a sex act on another student while training was taking place. Shattuck has been removed from the academy as an instructor and is under investigation.

March 5, 2015

Will New Mandatory Standard for Frame Child Carriers Decrease Injury Incidents?

by Altman & Altman

The U.S. Consumer Product Safety Commission has approved new mandatory standard to enhance the safety of frame child carriers. The safety standard does not apply to soft carriers and slings, which are subject to different standards.

Between January 2003 and September 4, 2004, the CPSC has received close to 50 incident reports about this child product, including reports of 34 injuries. One incident involved a toddler who sustained a head injury after a frame child carrier fell from a chair.

According to the new standard, a frame child carrier is typically made of fabric placed around a frame that is designed to carry a child weighing anywhere between 16 to 50 pounds. The child typically is too young to sit up without support. The carriers are worn on the backs of caregivers, often when hiking.