Boston Injury Lawyer Blog

February 14, 2013

Five Sent to Hospital, One Dead in Separate Massachusetts Carbon Monoxide Poisoning Incidents

In a Brockton, MA carbon monoxide poisoning incident, three adults and two kids were treated at a local hospital when they fell ill after trying to heat an apartment using a gas stove. In an unrelated Boston carbon monoxide poisoning accident, a 14-year-old boy died after he warmed himself up in a running car while his dad shoveled snow. Snow had fallen on the exhaust pipe, which kept the CO fumes from leaving the car.

Following the tragic Massachusetts CO poisoning death, Boston mayor Thomas Menino put out a warning about the dangers related to the large Northeast blizzard., which left behind up to three feet of snow over the weekend. Menino cautioned for people to make sure that the snow around exhaust pipes is wiped off before starting their engines. He also warned against using generators.

CO Poisoning

February 12, 2013

Wellesley, MA 18-Wheeler Truck Truck Accident Lawsuit Filed in Bicyclist’s Wrongful Death

by Altman & Altman

Although no criminal charges are going to be filed against trucker Dana E.A. McCoomb, the family of bicyclist Alexander Motsenigos has gone ahead and filed a Wellesley, MA truck accident lawsuit over his wrongful death. Motsenigos, 41, he leaves behind a wife and young son, 6.

He was killed last August when his bicycle struck by the 18-wheeler truck driven by McCoomb, 51. The impact of the Wellesley tractor-trailer crash caused Motsenigos to be pulled under the large vehicle. Police say that McCoomb proceeded to leave the Massachusetts traffic crash site.

Attempts by police and the Norfolk district attorney’s office to charge McCoomb with the unsafe overtaking of a cyclist, motor vehicle homicide involving negligent operation, and not taking the proper steps to make sure that other travelers remained safe failed. Now, however, a grand jury is refusing issue an indictment on any of these charges.

February 9, 2013

Play Yard Injuries Will Hopefully Decrease with Danny’s Law

by Altman & Altman

Beginning the last day of this month, play yard manufacturers and importers will have to make sure that their products satisfy new federal safety standards. The framed enclosures for infants and toddlers have been linked to many injuries in recent years. Just between 2007 and 2011, the Consumer Product Safety Commission received reports of 2,100 play yard incidents that included 60 child deaths and 170 injuries.

Common Play Yard Injuries Have Included:

• Entrapment • Fall accident injuries • Entrapment • Strangulation • Suffocation

February 7, 2013

1999 Springfield, MA Police Brutality Case Gets New Hearing to Determine Damages

by Altman & Altman

More than 13 years after a Springfield cop allegedly beat a convenience store owner and her adult kids, the Supreme Judicial Court has ordered a new hearing to determine how much the city and Officer Ronald Boykan owe Lucy Jones and her family. Jones claims that Boykan entered her store in 1999, forced his way into a private area and arrested her two kids before brutality physically assaulting the three of them.

Following their arrests, Bokyan was ordered to take part in sensitivity training while Jones’ kids, William S. Owens Jr. and Nicole N. Jones , were exonerated of all criminal charges. The three of them contend that not only did they sustain emotional and physical injuries from the Springfield, Massachusetts police brutality incident, but also they lost their store.

A Hampden Superior Court made a default judgment in 2004 and ordered the city of Springfield to pay the victims $1 million-he then reversed himself, tossing the ruling out, and the state Appeals Court went on to reinstate it.

However, now, Massachusetts highest court says that the lower court’s original assessment of how much the family was owed, which it determined according to the representations made by the plaintiff’s attorney, was not adequate. Justice Margot Bostford said that it is the judge’s duty to fairly make sure that there is a reasonable basis of fact behind the amount of damages decided.

Massachusetts Police Brutality
Excessive police violence is a violation of one’s civil rights and it can cause serious injuries and even death. Common forms of excessive use of police force can include physical assault, verbal abuse, false arrests, threats, blackmail, sexual assault, sexual abuse, racial profiling, and intimidation. Even if the police officer didn’t intend to be brutal but merely used to much force, if you or your loved one was injured, you may have grounds for a Massachusetts police brutality case.

Jones v. Boykan

$1 million award to Lucy Jones of Springfield in convenience store beating case sent back by high court for new hearing, MassLive, February 6, 2013

Massachusetts Supreme Judicial Court

More Blog Posts:
North Andover Wrongful Death Lawsuit Involving Worcester Man Subdued by Police in Traffic Stop is Settled for $1.6M, Boston Injury Lawyer Blog, November 19, 2012
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011

Boston Police Brutality Alleged in Federal Lawsuit Filed by Man Who Recorded Friend’s Arrest, Boston Injury Lawyer Blog, November 8, 2011 Continue reading

February 5, 2013

Boston, Massachusetts Bus Crash that Injured 35 Occurred at Bridge Overpass on Soldiers Field Road that Lacked Necessary Warnings

by Altman & Altman

Three days after a terrible Boston bus crash on Soldiers Field left 35 people with injuries, police have not yet announced whether or not citations or criminal charges will be filed. The Calvary Coach had been transporting high school students and their chaperones from the Destined for a Dream Foundation back home after a tour of Harvard University.

The Massachusetts traffic crash occurred when the bus drove into the Western Avenue Bridge. According to the Boston Globe, there used to be huge rubber signs on that roadway warning that low bridges were coming but that they have since faded. The Western Avenue Bridge, which should have gotten one of the warning signs, reportedly never did.

The height limit on Soldiers Field Road is 10 feet. Commercial vehicles, including buses, are not supposed to drive there. There are also questions as to whether or not Samuel Jackson, the 66-year-old bus driver, was distracted from looking at a GPS device.

January 31, 2013

Kringles and SCS Direct Recall High Powered Magnet Products Because They Pose An Ingestion Danger to Kids

by Altman & Altman

According to the Consumer Product Safety Commission, two companies are recalling their high-powered magnet products over concerns that they pose an ingestion hazard to kids. This is a serious injury threat and one that our Boston child injury lawyers take seriously.

The first recall involves approximately 4,200 Nanospheres Magnetic Desk Toys. The product consists of about 230 small magnets that are massed together and Kringles Toys and Gifts manufactured them.

Because the magnets are so small, they are easy for a young child to put in the mouth and swallow. In the event that a child were to swallow more than one of these magnets, the small pieces may become to attracted to each other and join together inside the intestines, potentially causing perforations, tissue damage, obstructions, sepsis, permanent injuries, and even death.

January 30, 2013

Traumatic Brain Injuries, Broken Bones Can Happen During Boston Slip and Fall Accidents on Ice or Snow

by Altman & Altman

Our Boston slip and fall accidents represent clients that have been injured in premises liability cases on other people’s property. While slip accidents can happen year round, winter weather conditions can increase the likelihood of such an incident happening, especially when there is snow or ice on the pavement or ground.

While some Massachusetts slip and fall injuries tend to be mild in nature-bumps, sprains, and bruises, depending on the severity of fall and/or where/how a person lands, TBIs, back injuries, ACL/MCL tears, hip fractures, broken bones, and even death can happen. Such injuries are be costly, requiring surgeries, other medical expenses, rehabilitation, and time off from work to recover.

Fortunately, you may be able to seek legal remedies for the harm that you have suffered. Property owners can be held liable for Boston slip and fall injuries that occur on their property if the could/should have done something to remedy the slip hazard before the accident but did not. Also thanks to the ruling in Papadopoulos v. Target Corp. a few years back by the Massachusetts Supreme Judicial Court, property owners now can be held liable for a slip and fall accident on ice and snow regardless of whether or not the accumulation of either element was natural or unnatural (for example, slip hazards caused by snow that had been shoveled or trampled on or an icy patch created by water coming from a gutter). This means that even if the ice or snow accumulated due to the forces of nature, premise owners must still clear up such hazards. Now, with this established reasonable standard of care, whether or not a property owner is liable will depend on whether or not he/she exercised the necessary ice/snow removal efforts in light of how dangerous a hazard these elements on the ground might prove to others.

January 28, 2013

Downton Abbey Preeclampsia Death a Grim Reminder that Boston Birthing Malpractice Can Prove Fatal

by Altman & Altman

If you haven’t already watched Sunday’s episode of Downton Abbey, then you may want to hold off on reading this blog post. For many fans, it was devastating to watch the family’s youngest daughter, Lady Sybil, die from preeclampsia during childbirth.

One of the controversies surrounding her unexpected passing is that despite the fact that her family doctor detected the symptoms for the condition, her other physician, who was brought in to deliver the baby, squelched that diagnosis and made the wrong diagnosis that she was fine.

Unfortunately, preeclampsia continues to be a serious threat even today and can be caused by Boston birthing malpractice. Consisting of high blood pressure and proteinuria, symptoms of the preeclampsia can include hypertension, proteinuria, headaches, vision problems, stomach pain, dizziness, vomiting, abrupt increase in weight, and edema. If not treated, preeclampsia can prove fatal for the mother and/or baby.

January 23, 2013

When There is Bone-Chilling Weather, Boston Nursing Homes Should Take Precautions to Prevent Hypothermia Injuries and Fatalities

by Altman & Altman

According to the National Weather Service, temperatures are expected to go no higher than 17 degrees in Boston, while wind chill will go down to five feet below. The weather predicted to be even colder in the central and western areas of Massachusetts, with wind chills going down to 22 below zero in the Berkshires and winds moving at 30 miles per hour in Worcester.

With such cold weather, it is important that nursing homes exercise the necessary precautions to make sure that patients don’t end up getting sick or dying from exposure to the cold weather. Failure to protect patients from related cold weather-related injuries and illnesses can be grounds for a Boston nursing home neglect case.

Examples of Cold Weather-Related Nursing Home Injuries:

January 21, 2013

Boston Spinal Cord Injury Lawsuits Can Help Victims and Their Families Cope with Expensive Medical Expenses

by Altman & Altman

At Altman & Altman, LLP, our Boston spinal cord injury lawsuits represent victims and relatives that wish to seek damages from the parties responsible for what happened. SCIs are very serious injuries that can cause serious medical conditions, including paraplegia, quadriplegia, deep vein thrombosis, movement and sensation loss, urinary tract issues, bowel management issues, bedsores, circulatory issues, respiratory issues, muscle tone problems (flaccidity, spasticity, and atrophy), depression, severe pain, and even death. This is not the type of case that you want to handle without experienced legal help.

Common causes of SCIs:

• Car accidents • Fall accidents • Violent crimes • Gunshot injuries • Sporting accidents • Construction accidents • Getting hit by (or striking against) something