Boston Injury Lawyer Blog

October 30, 2013

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

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.

October 11, 2013

Holyoke, Massachusetts Family Settles Wrongful Death Lawsuit Against Fraternity

by Altman & Altman

The family of Nicholas Grass has reached a wrongful death settlement with the Delta Kappa Epsilon Fraternity over the tragic traffic accident that claimed the life of s Yale University student in 2003. Grass, 19, was one of nine people riding in an SUV after an event hosted by the fraternity when the driver of the sport utility vehicle, also a fraternity member and a Yale student, purportedly fell asleep at the wheel, causing the car to crash into a large truck that had been involved in an earlier collision.

It is believed that the driver, Sean Fenton, was sleep deprived from “hell week,” an annual event that involves the alleged hazing of fraternity pledges. However, lawyers for Delta Kappa Epsilon have argued that the fraternity shouldn’t be held liable because it could not have predicted the “unfortunate events” leading to the deadly collision.

Fenton, 20, also was killed in the truck crash, along with two others. Five other Yale students sustained injuries in the motor vehicle collision.

October 10, 2013

Emerson College Vows to Improve Investigating Sexual Assault Cases in Wake of Federal Complaint

by Altman & Altman

Emerson College has promised to improve its investigation of campus sexual assaults after a group of students filed a complaint with the federal government against the school.

The complaint was filed last week with the U.S. Department of Education’s Office for Civil Rights. Two of the complainants, sophomore Sarah Tedesco, 19, and junior Jillian Doherty had alleged that Emerson had downplayed and failed to fully investigate at least two separate sexual assault incidents. The complainants also alleged that Emerson violated their rights under Title IX and the Clery Act which states that:

If a school or its employees knows or reasonably should know about sexual harassment (including sexual violence), the school must take immediate action to eliminate the sexual harassment, prevent its recurrence, and address its effects, even if the victim does not want to file a complaint.

Last October, Tedesco had been drugged and assaulted by an MIT student during an off-campus party. Though Tedesco had been hospitalized, Emerson administrators had discouraged Tedesco from talking to police and stated that they would handle the case through their own judicial system.

But Tedesco is now alleging that her school mishandled her case, closing it after several months because according to administrators, “it did not warrant a hearing.” In a second, separate incident, in which Tedesco was assaulted, Tedesco reported the incident to school administrators who again downplayed her complaint. According to Tedesco, her attackers still remain at their respective schools and have yet to face any judicial punishment.

Both Tedesco and Doherty said that filing the complaint was made in an effort pursue changes within the school’s procedures for handling assault cases; not just because of their experiences, but for the sake of all present and future victims of sex crimes.

In response to the complaint, Emerson president, M. Lee Pelton, said a number of steps, including the hiring of a “sexual assault advocate” to support sexual assault victims as well as the establishment of preventative programs, will be taken to properly handle and prevent future similar incidents.

While sexual abuse is a serious crime typically handled by law enforcement, what many victims do not know is that they may also be eligible to file a civil claim against the perpetrator or institution employing the perpetrator. In this case, both schools in which the alleged attackers are enrolled had the responsibility to thoroughly investigate the incidents and administer the necessary disciplinary action.
Continue reading

October 3, 2013

City of Springfield Reaches $650K Agreement after Natural Gas Explosion

by Altman & Altman

The mayor of Springfield has confirmed that the city has settled with Columbia Gas following a natural gas explosion that destroyed a gentlemen’s club and other buildings in the city’s downtown entertainment district, last November.

Columbia Gas utility workers had been surveying gas lines on November 23, 2012, after responding to reports of a strong gas odor near Score’s strip club, located at 453 Worthington Street. A worker using a probe to search for the source of the odor accidentally ruptured a gas line, triggering a massive explosion that leveled the strip club, shattered building windows, and seriously damaged three dozen nearby buildings, including 100 residential units. While there were no fatalities, more than 20 people suffered injuries, and dozens of residents were displaced as a result of the blast.

The $650,000 settlement represents compensation for the property damage, call back costs for injured personnel, and other related expenses. The settlement does not include repayments for open claims for wages and medical bills; those cases are being handled on a case-by-case basis. Stephen Bryant, president of Columbia Gas of Massachusetts, said that the utility company had settled the vast majority of claims, paying out millions to explosion victims.

Gas explosions occur for a number of reasons-from faulty equipment, gas leaks, or in this case a sudden break in the gas line. Explosions take place in a variety of settings, but most commonly occur on job sites, as a result of improper storage of gasses, worker negligence, or unsafe working environments.

While thankfully there were no fatal injuries during this explosion that is not always the case.
Often explosions of this magnitude result in severe and debilitating injuries, and even death. People who witness an explosion may be severely injured by flying debris, high impact, heat and smoke, or chemical inhalation. Often victims of explosions must undergo costly medical care to treat their injuries; which may lead to extensive medical bills as well as pain and suffering. Property owners, manufacturers, employers, or other individuals who caused the explosion may be held liable for any damages or injuries to other individuals, and victims may eligible for compensation. In this instance the gas utility company, Columbia Gas, is ultimately responsible for any injuries and damages to property that resulted from the explosion.
Continue reading

October 1, 2013

Vanderbilt University Medical Center Sued in Whistleblower Lawsuit Alleging Medicare Fraud

by Altman & Altman

Three doctors are suing Vanderbilt University Medical Center for Medicare fraud. They submitted their whistleblower lawsuit under the False Claims Act’s qui tam provision.

The plaintiffs, all ex-VUMC anesthesiologists, are accusing the medical center of taking part in a scam involving the use of its medical practices to maximize income through the submission of false claims to state and federal health insurance programs, even though it knew that the doctor services they were billing for did not satisfy Medicare’s terms for these services. The Mediare fraud lawsuit contends that these false billing practices went on for over 10 years.

Federal law only lets hospitals bill Medicare and state insurance programs for “teaching physician services” if the teaching doctor was there during key portions of the procedure. During surgeries, the teaching physicians has to be there for the “critical” moments, as well as easily and immediately available in the event that his/her services are required at any other time during the procedures.

September 26, 2013

18-Year-Old Injured in Fall Accident Through Skylight in Fraternity House at MIT

by Altman & Altman

According to Boston Fire Department officials, an 18-year-old man sustained injuries when he fell through the skylight of the Phi Sigma Kappa fraternity at MIT. The drop to the first-floor staircase where he landed four stories. Police say that the man suffered injuries.

Since the Cambridge, Massachusetts fall accident, there have been reports that the man may have been jumping on the Plexiglas dome over the skylight when he fell through. However, the fraternity received a citation for its “illegal rooftop deck.” According to one fraternity news site, MIT’s Phi Sigma Kappa has advertised parties on that deck before.

Fall Accidents

September 23, 2013

Telephone Consumer Protection Act Allows Recipients of Harassing and Unsolicited Calls to Collect Monetary Compensation

by Altman & Altman

Americans are flooded with calls from telemarketers every day. While many people dismiss these calls as an annoyance, a provision is encouraging consumers to report these calls in exchange for monetary compensation.

The Telephone Consumer Protection Act (TCPA) was established in 1991 in response to an overwhelming number of consumer complaints to deter unsolicited telemarketing calls to landlines and cellular phones without express consent from a consumer. In accordance with the TCPA, consumers who receive these types of calls may be entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. The federal law helps to govern the conduct of telemarketers and debt collectors by prohibiting:

• Automatic, artificial, or pre-recorded voice messages without prior express consent, to any emergency telephone line, hospital patient, pager, cellular phone, or other service for which the receiver is charged for the call.
• Artificial or pre-recorded voice messages to residential telephone lines without prior express consent.
• Unsolicited advertisements to fax machines of individuals who have no prior existing business relationship (i.e.; junk faxes).
• Automatic telephone dialing systems to engage two or more of a business’ telephone lines simultaneously.
• Making any telemarketing call to any residential subscriber who has registered her number on the national or company-specific “Do-Not-Call” list.
• Sending unwanted business advertisement via text message to your cellular telephone.
• Making any telemarketing call that is not within the hours of 8 a.m. and 9 p.m.
• Unlicensed debt collector calls.

A consumer is unlikely to know whether a call to his or her cellular phone was initiated using an auto dialer-auto dialed calls often sound like any other phone call. However, calls made with auto dialers often are met with static air for a number of seconds after a call is answered and are typically accompanied by an audible click. It is important as a consumer to keep in mind that in order for a debt collector or telemarketer to maintain volume operation, they must make thousands of telephone calls each day. Therefore, if you are receiving phone calls from a debt collector or a telemarketer, it is quite possible that he or she is already violating the TCPA.
If you have previously provided your cell phone number to a bank or debt collector, you may always revoke consent.
Continue reading