Boston Injury Lawyer Blog

April 1, 2014

Settlement Reached in MA Child’s Escalator Death

A normal day at the Auburn Mall in March of 2011 turned into a scene that will play over and over in the minds of Mark DiBona’s parents for many years. Four-year-old Mark was riding the escalator in Sears when he slipped through a space between the railing and the escalator and fell 18 feet on to the top of a displace case on a lower floor. The young boy sustained serious head injuries and passed away the next day.

The DiBona family was devastated by the loss and filed suit against Sears, Simon Property Group Inc., Schindler Elevator Corp. and Botany Bay Construction, according to CBS Boston. According to their lawyer, the family finds all four companies were negligent and were responsible for the death and suffering of their beloved little boy. The family claimed the escalator was in “dangerous and defective” condition and was in “violation of state building codes, escalator safety standards and the industry standards established by the American Society of Mechanical Engineers (CBS Boston).”
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March 31, 2014

GM Issues New Recalls for Chevrolet Cruzes and Multiple Models of SUVs and Trucks

by Altman & Altman

After expanding its ignition switch recall yet again by more than 900,000 vehicles, GM has now issued two other recalls for completely different issues. The problems: defective axel shafts and potential fire hazards in oil lines of several models of trucks and SUVs.

Last week, GM explained that it had stopped delivering Chevy Cruze 1.4-liter turbo sedan models to dealers because of a potentially defective right axel shaft that, according to GM, “can fracture and separate without warning,” while being driven. According to the company’s warranty data, several dozen vehicles have reported this problem, however GM has not been notified of any related crashes or injures.

In a released statement, General Motors stated that if the half-shaft breaks while a car is being driven, the vehicle’s breaks and steering will continue to function, but the car would lose power to the wheels without warning and coast to a stop. This recall encompasses more than 170,000 Cruze 1.4-turbo engine sedans in models years 2013 and 2014. An additional 3,000 Cruzes with 1.4 engine and manual transmissions from 2013 and 2014 model years (which were recalled last September for the same problem) will also be included in the recall and be repaired again.

In addition to the Cruze recall, GM also recalled more than 490,000 new pickup trucks and SUVs for a loose oil line that could be a fire hazard. All 2014 Chevrolet Silverado 1500s and GMC Sierra 1500 pickup trucks are being recalled, as well as brand new 2015 Chevrolet Suburbans, Chevy Tahoes, GMC Yukons and Yukon XL SUVs with 6-speed transmissions. The issue lies in the transmission oil cooler lines which may not be securely seated in their fittings.
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March 30, 2014

CPSC Reports That Liquid Laundry Packets Continue to Be a Child Injury and Poisoning Risk

by Altman & Altman

According to the Consumer Product Safety Commission, it has received about 1,230 reports of kids accidentally sustaining injury because of liquid laundry packets-a dramatic increase from the approximately 500 incidents involving kids and adult victims that it reported at the end of 2012. Meantime, the Poison Help Line says that the number of related reports is even higher at almost 17,500.

At Altman & Altman, LLP, please contact our Boston products liability lawyers if your son or daughter was injured because of a liquid laundry packet or any other type of product. Our Massachusetts child injury law firm handles claims and lawsuits against companies and other parties that may have been responsible in causing the harmful accident.

While efficient for doing laundry, single-load liquid laundry packets have proven to be highly toxic. One 7-month-old baby reportedly died from swallowing one of them. One of the reasons they are such an injury risk to kids is that they are small enough to insert in the mouth, soft and squishy to the touch, and tend to come in bright colors that attract the attention of young kids who might think the product is a toy or candy.

March 27, 2014

Contractors to Pay Family $14.8M for Natural Gas Explosion

by Altman & Altman

While the physical and emotional burden remains heavy, a sizeable financial weight has been lifted off the shoulders of Faye Boroughs and her son as a Florida jury awarded the family $14.8 million after an explosion in their home. Ms. Boroughs sustained severe burns on 33% of her body and remains permanently disfigured; a lifelong reminder of the explosion that claimed life of her partner. Michael Blanchard was burned on 98% of his body and suffered for three long weeks before succumbing to his injuries. The couple’s young son was in another part of the home at the time, but sustained psychological injuries.

According to the National Trial Lawyers, “evidence showed that the defendant companies violated gas safety codes and failed to adequately train their technicians.” The plaintiff’s attorneys were able to establish that the explosion was directly caused by negligent actions by Panhandle Plumbing and Andrews Cooling & Heating. Panhandle Plumbing did not seek the appropriate permits to install a gas line that was not properly labeled and lacked a safety shut-off valve-two very basic requirements. Andrews Cooling & Heating then installed a gas dryer with that faulty pipe, and ignored both the manufacturer’s instructions and minimum safety code provisions.
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March 26, 2014

Lunenburg Police Seek Witness in Hit-and-Run Crash

by Altman & Altman

Police in the small, central Massachusetts town of Lunenberg are seeking the public’s help in finding a vehicle that may have witnessed a hit-and-run accident and left the scene after the victim asked for help early in the morning on February 27. The victim was seriously injured when a pickup truck carrying a snow plow struck the pedestrian from behind and then sped away. The truck wanted by police is described as “a light-colored, possibly white, 1999 to 2003 Chevrolet or GMC pickup with a yellow plow… single cab with black molding around the wheel wells and black molding on the side,” according to WCVB.

Lunenburg officials are particularly interested in a second car driving in the same direction as the first vehicle that was caught on a security camera stopping in front of the victim seconds later. The driver got out of the car and appeared to speak to the injured pedestrian before getting back in his car and driving away, leaving the victim behind. Anyone with information is urged to contact police.
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March 26, 2014

Family of Joshua Messier Reach $3 Million Settlement in Bridgewater Hospital Death

by Altman & Altman

Joshua Messier was just 23 years old when he passed away five years ago at Bridgewater State Hospital, where he was a mental health patient. After a long battle, the family of Joshua Messier will receive a $3 million settlement stemming from a civil rights lawsuit alleging that prison guards were responsible for his death, according to Benjamin R. Novotny, an attorney for the parents.

The Boston Globe reports that Messier suffered from paranoid schizophrenia, and was killed when was strapped to a bed as “two of the guards pressed down hard on Messier’s back while he was seated on the bed with his hands cuffed behind him, folding his chest toward his knees, a maneuver sometimes called ‘suitcasing.'” This action is forbidden by state regulations because of the high risk of suffocation.

The death of the young man spurred an investigation by the Deval Patrick administration, which later placed three of the guards on duty on paid administrative leave, formally reprimanded two top correction officials, and asking for the resignation of a third official for failure to act on the findings.
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March 26, 2014

Nissan Recalls 1 Million Vehicles for Airbag Deployment Failure

by Altman & Altman

Japanese carmaker Nissan has just issued a recall for more than 1 million of its vehicles because of a software issue that can cause failed airbag deployment.

According to the National Highway Traffic Safety Administration, Nissan’s vehicles may not detect a person sitting in the passenger seat, which would disarm the airbag and cause it to not inflate in the event of an accident. The company said that faulty software is the issue. So far the company is aware of two instances where vehicles’ airbags did not deploy during accidents, however it is still unclear whether those cases were linked to the software glitch.

990,000 of the cars recalled are those of U.S. drivers. Models impacted include 2013 – 2014 Altima and Sentra cars, Pathfinder sport-utility vehicles and Leaf electric cars. The 2014 Infiniti QX50 SUV, 2013 NV200 cargo van and 2013 Infiniti JX35 crossover are also included in the recalls.

Nissan expects to begin the recall in April. During the recall, dealers will update the software free of charge.
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March 26, 2014

Nurse Awarded $500,000 for Injuries Sustained in Slip and Fall Accident

by Altman & Altman

A female nurse who was injured while working for the Rhode Island Veterans Home was awarded a $500,000 verdict against the state of Rhode Island last week.

Victoria Roach was seriously injured when she slipped and fell on soapy water or cleaning fluid that had not been cleaned up on her patient’s bathroom floor. At the time of her fall she was disposing of a small amount of liquid used in administering medication to the totally disabled patient.

According to court documents, Roach’s lawyers presented evidence that the spilled liquid on the bathroom floor was not properly cleaned up by one of the certified nursing assistants who had visited the patient prior to Roach. It was his or her responsibility to do so, and their negligence led to Roach’s fall and subsequent injury. Roach suffered from a torn anterior cruciate ligament (a knee ligament) as well as a torn meniscus (cartilage), which resulted in her having to undergo reparative knee surgery. Roach was unable to return to work for an extended period of time resulting in lost wages.

SLIP AND FALL ACCIDENTS

Slip, trip, and fall accidents can happen anywhere and often result in painful or debilitating injuries, including serious bruising, broken bones, hip displacement, back and spinal cord injuries, and head and brain injuries. Most commonly, slip and fall accidents are the result of another’s negligence; improper maintenance, uneven and damaged flooring or stair railing, a missing step, inadequate lighting, as well as liquid or debris on a floor.

When a person is injured in a slip and fall accident, immediate worries of victims turn to who is responsible for paying for medical attention, long-term disability care, and even lost wages if the injury prevents the victim from returning back to work.
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March 25, 2014

Crucial Time in Massachusetts for Carbon Monoxide Safety

by Altman & Altman

It was a bitterly cold January night when firefighters responded to a report of an unconscious 7-year-old girl after the furnace vents in her family’s Plymouth home had been blocked by snow from a recent storm. Nicole Garofalo later died from carbon monoxide poisoning in her own home. Carbon monoxide, often referred to as the “Invisible Killer,” has claimed thousands of lives due to its odorless, colorless, and poisonous qualities. After this particularly terrible event, “Nicole’s Law” was enacted in her honor to require carbon monoxide detectors in homes and businesses in Massachusetts by March of 2006. Eight years later, residents in Massachusetts are reaching a crucial point. According to the Massachusetts Executive Office of Public Safety and Security, carbon monoxide detectors must be replaced every 5-7 years, making alarms installed as a result of the law in dire need of replacement.

According to CBS Boston, “It has been about seven years since the law went into effect, so there could be countless CO detectors that are at the end of their life. The devices are supposed to make a chirping sound to let you know they are no longer working, but there are no guarantees.” In collaboration with fire officials, the local CBS affiliate in Chicago performed an extensive test on several models of carbon monoxide alarms.
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March 24, 2014

Drowsy Driving May Have Been a Factor in CTA Train Crash That Injured Over 30

by Altman & Altman

According to CTA union president Robert Kelly, the operator of the Blue Line train involved in a train crash at O’Hare International Airport in Chicago early Monday morning may have fallen asleep at the wheel. The train train jumped the platform and went up an escalator.

Over 30 people were injured in the CTA train crash. None of the injuries are life-threatening.

The National Transportation Safety Board is looking into the accident. After the train crash, the eight-car train remained stuck on the escalator so investigators could try to figure out what happened.