Boston Injury Lawyer Blog

November 15, 2013

Dog Bites in Massachusetts: Strict Liability Applies

Dog bites can result in devastating scars, nerve damage, disfigurement and even death. In many cases, dog attacks can also leave victims with severe psychological injuries too. Since Massachusetts is a strict liability state, owners can be held liable for their dog’s actions even if there isn’t any negligence or prior history of aggression. If you or a loved one has been attacked by a dog, contact an experienced Boston personal injury lawyer as soon as possible.
According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million Americans are bitten by dogs each year. Additionally, half of all dog bite victims are children. In 2012, more than 27,000 victims underwent reconstructive surgery for dog bites. Nearly one in five people who are bitten require medical treatment for injuries.
Continue reading

November 15, 2013

Keeping an Eye on Bicycle Safety

by Altman & Altman

Bicyclists are at the mercy of the drivers around them. They don’t have the benefit of airbags, seatbelts or any protective steel cages. Even when cyclists wear helmets, they can still sustain severe and fatal injuries. Bicycle accidents often leave surviving victims in the hospital and out of commission. Motorists need to be on the lookout for bicyclists and share the road safely.

According to the Centers for Disease Control and Prevention (CDC), nearly 800 bicyclists were killed in 2010 and an estimated 515,000 emergency room visits were due to bicycle crashes. They also report that most bicyclist deaths happen in urban locations and at non-intersection areas.
Who is Most at Risk?
• Young adults ages 15 to 24 years old • Adults ages 45 years and older • Males • Children ages 5 to 14 years old and young adults from ages 15 to 24 years old account for nearly 60 percent of all bicycle-related injuries.

Staying Safe

Bicycle helmets do reduce the risk of head and brain injuries during crashes. Helmets should always be size and age appropriate and properly fitted. Savvy cyclists also wear high-visibility clothing and ride conspicuously. Ultimately, motor vehicle drivers have to share the road with cyclists. If you or a loved one has been injured in a bicycle accident, contact an experienced Boston personal injury attorney for skilled representation.
Continue reading

November 14, 2013

Medford Doctor Accused of Massachusetts Medical Negligence Gets License Suspension

by Altman & Altman

The Massachusett’s Board of Registration in Medicine suspended the medical license of Dr. Sheldon Randall, known for performing thousands of weight-loss surgeries. Following an investigation, a panel for the board accused him of medical negligence and called him an “immediate and serious threat.”

According to investigators, Randall failed to identify and treat complications that resulted after certain operations and, as a result, two of his patients died. One patient, 45-year-old Scott Ferullo, developed sepsis after Randall performed open gastric bypass surgery in 2011.

His widow, Cheryl, said that after the surgical procedure, Ferullo developed a fever that rose to 106 degrees. Investigators say that Randall should have checked immediately to see whether Ferullo was bleeding or had a leak from the procedure.

November 13, 2013

Newton Man Falls from Balcony

by Altman & Altman

Last Sunday, a Newton man died after falling from the third floor balcony of a Nashville bar. Law enforcement officials said that they don’t suspect foul play at this point. There hasn’t been any word on the official cause of this tragic incident though. Was there some problem with the railing? Was the balcony defective or in need of updating? Dmitriy Sirota, 23 years old, was from Newton Lower Falls, Massachusetts. He was reportedly in town on business and at the Honky Tonk Central on Lower Broadway in Nashville on Sunday night.
Reporters with the Tennessean received no response for comments after attempting to contact management at Honky Tonk Central multiple times. It may be difficult for a victim’s family to get answers after an incident like this. An experienced premises lawyer can stay up-to-date with official investigations.
Continue reading

November 5, 2013

Massachusetts Wrongful Death Settled Reached in 2008 Foxboro Car Crash After Gillette Stadium Concert

by Altman & Altman

The family of Debra Davis has reached a Foxboro, MA wrongful death settlement with Kraft Group over the tragic traffic crash that happened after a concert at Gillette Stadium in 2008. The terms of the deal are confidential.

Davis, a 20-year-old Milton woman, and her friend Alexa Latteo, a 19-year-old Mansfield resident, were killed when the vehicle that Latteo was driving on July 26, 2008 crashed into a tree after the New England Country Music Festival. Both women died in the Foxboro car crash. A third woman riding in the rear seat survived with serious injuries.

Davis’s parents claimed that the stadium’s security was so lax that underage drinkers were able to consume alcohol in the parking lot even though they didn’t have tickets to attend the event. (A policy had been specifically implemented at the stadium in 2007 to deter such behavior.)

October 31, 2013

Halloween is The “Deadliest” Night of the Year for Child Pedestrian Accidents

by Altman & Altman

Ghouls and goblins are not the scariest part of Halloween. According to the National Highway Traffic Safety Administration, the number of children killed in pedestrian accidents between the hours of 4p and 10p doubles on this particular night. One reason for this is that with trick or treat, there are more kids out on the sidewalks and crossing streets.

Dark-colored costumes can make it hard to see pedestrians at night, especially if the individual are “kid-size.” Young children, excited by the occasion and buzzing on sugar from all the candy, may be more prone to run across the middle of the road and not pay attention to whether there is approaching traffic.

That said, drivers need to be aware that this type of bustling excitement happens on Halloween and they must exercise the necessary precautions to avoid becoming involved in a Boston pedestrian accident, including:

October 30, 2013

Boston Truck Accident Lawsuit Seeks Damages In Graduate Student’s Allston Bicycle Death

by Altman & Altman

The family of Christopher Weigl is suing trucking company Ross Express and its employee John A. Brothers for his Allston, MA bicycle accident death. The 23-year-old Boston University graduate student died in December.

According to the plaintiffs’ Boston truck crash lawsuit, Brothers struck Weigle, who was in a bicycle lane while trying to make a left turn. They believe that Weigle had been riding cautiously, exercising the proper diligence for his own safety.

The family says that it was the job of the trucker and his trucking company to make sure they exercised due care so that Weigle was not struck. They say that Brothers should have known it was essential to be very careful, especially when operating his tractor-trailer in the busy urban area.

October 28, 2013

Jury Finds Bank of America Liable in Mortgage Fraud Case; Whistleblower Stands to Earn up to $1.6M

by Altman & Altman

After a month long trial, a federal jury in New York has found Bank of America liable on one civil fraud charge stemming from defective mortgages it sold through its Countrywide unit.

The case was brought to the attention of the U.S. Justice Department by former Countrywide executive, Edward O’Donnell, who testified as a whistleblower in the suit. O’Donnell tipped off the Justice Department about a program Countrywide had started in 2007 called “High Speed Swim Lane” also known as “HSSL” or “Hustle.” HSSL was overseen by Countrywide executive Rebecca Mairone, who is also facing one count of civil fraud.

According to case records, the HSSL loans were sold to government mortgage giants, Fannie Mae and Freddie Mac. Federal prosecutors alleged that nearly half of the HSSL loans sold to Fannie and Freddie were materially defective and fraudulent because Countrywide had failed to implement loan-quality checkpoints, and paid employees based on loan volume and speed. Additionally, the loans were never reviewed by underwriters which left all lending decisions in the hands of the loan officers and processors. None of this information however was disclosed by Countrywide when it sold, and in total Fannie and Freddie suffered losses of nearly $850 million. Bank of America, who bought Countrywide in 2008, denied any knowing of wrongdoing, fraud, or issues with the loans.

A judge will decide next month how much Bank of America will owe in penalties to the government. O’Donnell stands to earn $1.6 million for his role in the case. This case is the first financial crisis-related case against any bank by the Justice Department to go to trial under the Financial Institutions Reform, Recovery, and Enforcement Act since the 2008 financial fallout.

Since the start of the financial crisis in 2008, many banks and investment companies are under intense scrutiny by the United States Government. The U.S. government has made it a priority to combat fraud and other wrongful acts committed by financial institutions, and has come to rely heavily on the help of individuals who have knowledge or information of corporate wrongdoing. Under the “Qui-Tam” provision of the Federal False Claims Act, a person may file a Whistleblower Lawsuit against a bank or financial entity that is committing fraud against the federal government.
Continue reading

October 25, 2013

Toyota to Pay $3M Verdict in Sudden Unintended Acceleration Lawsuit

by Altman & Altman

Did the electronic throttle-control system of a 2005 Toyota Camry cause the vehicle to accelerate suddenly, seriously injuring one elderly woman while killing another? A jury in this latest sudden unintended acceleration case to go to court decided that that the automaker was liable and awarded $3M in compensatory damages to the plaintiffs-$1.5M to 76-year-old driver Jean Bookout for her serious injuries, the other $1.5M to the family of passenger Barbara Schwartz who died in the 2007 crash. Despite disagreeing with the ruling, Toyota then settled over punitive damages before a verdict on that could be reached.

Bookout claims her Camry accelerated suddenly before crashing into an embankment. Toyota, however, said there was no problem with the auto’s computer system and testing hasn’t showed any evidence of this safety problem impacting its cars. The auto manufacturer argued that driver error is what caused the catastrophic crash and that Booker mistakenly stepped on the gas pedal instead of the brake.

Sudden acceleration lawyers claim that the number of such incidents reported rose after Toyota started installing the ETCS-i system in its cars. The system lets the engine throttle be controlled not mechanically but electronically. A sensor is supposed to emit signals that gauge to what extent a gas pedal is depressed. The information is sent to a computer model that is supposed to open and close the throttle. Auto defects attorneys, however, claim that electronic signals other than the vehicle’s can impact the throttle.

October 18, 2013

Holden Woman Sues Worcester Pastor and Greek Orthodox Church for Massachusetts Sexual Abuse Damages

by Altman & Altman

Susan Manter is suing Reverent Charles M. Abdelahad, St. George Antiochian Orthodox Cathedral, the Antiochian Orthodox Christian Diocese of Worcester, Orthodox Christian Diocese of New England, and the he Antiochian Orthodox Christian Archdiocese of North America, and a number individuals within the church network for Massachusetts sex abuse damages. Manter contends that these people should have known about the abuse and notified the police.

Abdelahad was ordered to serve 90 days of a 2-year jail term after he was convicted of two counts of sexual assault and battery. The abuse incidents reportedly took place during during counseling sessions at the church office.

Manter, who is in her 40’s, contends that Abdelahad sexually abused her from 2007 through September of 2010. She said that the Antiochan pastor also physically assaulted her and subjected her to emotional abuse.