Three-Year-Old Girl Killed by Store Security Gate

Our Boston personal injury lawyers know storeowners who do not properly inspect and maintain their premises may subject themselves to a negligence lawsuit.

269548_emergency.jpgAccording to recent story from CBS, a security gate at a Philadelphia Italian ice store killed a three-year-old child. Authorities are reporting that an accordion-style metal gate that rolls down to protect the store from burglars came loose from the building structure. The 2000-pound gate, along with the metal frame constructed on steel beams, detached from the building and fell on the child.

This tragic accident occurred during a fundraising event hosted by two college fraternities. Witnesses say that dozens of people tried to lift the gate off the child. At one point there were 12 to 15 people on each side of the gate but it was too heavy for them to quickly lift. Eventually, with the help of 30 people, they were able to lift the gate off the young girl, but she was not moving at that point.

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Wilkinson v. East Cooper Community Hospital: On Tolling the Statute of Limitations

Our Boston personal injury lawyers know the statute of limitations is always a major concern in the timing of filing a negligence action.

healthcare-upclose-885334-m.jpgIn Wilkinson v. East Cooper Community Hospital, an appeal heard in the South Carolina Supreme Court, the plaintiff was admitted to the defendant hospital in 2008 to undergo reconstructive breast surgery.

Once the surgery was complete, the plaintiff began to experience medical complications, and she required additional surgical procedures. Just short of three years following the surgery, the plaintiff filed a Notice of Intent (NOI) to file a lawsuit, because the statute of limitations was about to run.

The state statute pertaining to the filing of a NOI required that, in a medical malpractice case, the NOI be filed with an expert declaration. In this case, the plaintiff did not file an expert declaration with the NOI but chose instead to state in the filing that she intended to name an expert at a later time.

A month after she had filed the NOI, the plaintiff filed an affidavit from a plastic surgeon who was to be her expert witness. This filing was just after the statute of limitations had run. Statute of limitations in a personal injury case is a law that governs how much time a plaintiff has following an injury to bring a lawsuit.

In Massachusetts, the statue of limitations on medical malpractice claims is three years following an injury, and in no case more than seven years after the conduct which caused the injury. The only exception to this rule is in a case when a doctor leaves a foreign instrument in the human body. For example, if there is a surgical tool or sponge left in the body, that statute of limitations may not apply. It is for this reason that hospitals now have a nurse or medical technician whose job is to keep count of all instruments and other medical equipment before, during, and after surgery. Every blood filled sponge is now counted before disposal to make sure that one is not left in a patient.

In Wilkinson, the defendant moved to dismiss under what is known as a 12(b)(6) motion for failure to state a claim for which relief can be granted. This type of motion generally must be filed at the first opportunity. This normally means that the defendant will file the motion in response to the complaint. If you do not file the motion at the first available opportunity, you are said to have waived your right to file this motion. Here, the plaintiff argued that, since the defendant participated in pre-trial mediation before filing the motion, the defendant had waived any rights to this type of dismissal. The trial court granted the defendant's motion and dismissed the case.

On appeal, the court reasoned that the plaintiff had properly filed a NOI that was sufficient to put the defendant on notice.

If you are injured in an accident in Boston, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment -- 1-888-367-2900.

Additional Resources:

Wilkinson v. East Cooper Community Hospital, July 23, 2014, South Carolina Supreme Court

http://law.justia.com/cases/south-carolina/supreme-court/2014/27423.html

More Blog Entries:

Massachusetts SJC Allows Medical Malpractice Claim to Proceed, May 21, 2014, Boston Personal Injury Attorney Blog

Fellowship of Christian Athletes v. Ironshore Specialty Ins.: On Defendant's Suing their Own Insurance Companies

Our Boston personal injury lawyers know insurance cases involving defendants with multiple insurance companies may result in additional litigation.

959017_swimming_pool_water.jpgIn Fellowship of Christian Athletes v. Ironshore Specialty Ins., a case heard in the U.S. Court of Appeals for the Eight Circuit, two boys attended a youth sports camp operated by the defendant. Neither of the boys could swim, and the parents indicated that they could not swim on the appropriate form.

One day during camp, there was a pool party for all campers. Once the pool party was over, the staff noticed the two boys were missing. Their bodies were eventually discovered lying next to each other on the bottom of the deep end of the pool. The medical examiner concluded that the cause of death for both children was drowning but the most shocking finding were that the times of death for the boys was determined to be at 10:42 p.m. and 10:44 p.m. respectively.

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Duty of Care in a Traumatic Brain Injury Lawsuit

Our Boston personal injury lawyers know cases involving injuries to children can be especially hard on families.

880737_brain_001.jpgAccording to a recent story from News10.com, the family of a ninth grade student at a school in Hialeah, Florida filed a negligence lawsuit against an event company. The girl was attending Spirit Day at the school and was participating in a sumo wrestling game.

The girl was wearing a sumo wrestler suit provided by the event company. The suit allegedly did not fit her properly. The family, through their attorney, alleged that the improperly fitting suit and insufficient supervision caused the girl to have her head banged against the floor several times.

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Demag v. Better Power Equipment: On Premises Liability Actions and the Duty of Care

Our Boston fall injury lawyers know premises liability law in Massachusetts is distinct from many other states.

1031747_hospital.jpgIn Demag v. Better Power Equipment, an appeal heard by the Vermont Supreme Court, the plaintiff worked at a car dealership. One of the services offered by the dealership was that they would pick up the customer's car and return with the car after service was completed.

The plaintiff was a driver who would drive his own car to the location where the customers' cars were, leave his car, and return to the dealership with the customers' cars. The plaintiff was responsible for picking up the cars owned by the defendant and his wife several times a year.

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Pinson v. 45 Development, et al: Premises Liability Cases and Known Dangers

Our Boston personal injury lawyers understand that, in premises liability cases, the defendant will often to try to escape liability by claiming that the plaintiff was injured by an obvious danger.

993863_ladder.jpgIn Pinson v. 45 Development, a contractor was hired to install an electronic sign at a store. He was a master sign electrician with years of experience. He was using a bucket truck to get to the sign canopy. The canopy was constructed in such a way that he not have a place to stand. It was basically a metal frame with vinyl stretched over top. There was no way to gain access from underneath the sign.


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Metzler v. BCI Coca-Cola Bottling: Proving Liability and Damages in Personal Injury Cases

Our Boston personal injury lawyers understand that the need to prove both liability and damages separately can be confusing to plaintiffs.

hospitalroom1.jpgMetzler v. BCI Coca-Cola Bottling, decided by the Supreme Court for the State of Arizona, involved a plaintiff who was shopping at a grocery store in Tucson. While in the store, she slipped on water that was leaking from a refrigerator. The refrigerator was not owned by the store; rather, a soft drink company that had placed the refrigerator in the store owned it.

The personal injury suffered by the plaintiff was severe, and she made an offer to settle the case for $150,000. The defendant rejected the case, and it went to trial. The jury found that the defendant was responsible for the plaintiff's injuries and awarded her a verdict in the amount of $1.5 million.

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Could Boston Bike Share Increase Brain Injury?

Bicycle riding is a popular way to get around Boston and many major metropolitan areas in the United States and bicycle share programs have been making it easier for more people than ever to commute via bike. Unfortunately, recent studies suggest that in cities with bike share programs, there is dramatic increase in the number of people who experience brain injury. no--bicycles-1444541-m.jpg

Brain injury can have devastating and lasting effects and can be very costly to treat. Unfortunately, bicycle accidents leading to brain injury frequently occur because drivers fail to share the road in a safe way with bicycle riders. When a driver is to blame for causing a brain injury, he becomes responsible for compensating the victim or his family members for the economic and non-financial costs of the injury. An experienced Boston brain injury lawyer should be consulted to provide assistance to those who wish to take legal action after a bicycle accident.

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Sexual Abuse a Risk in Boston Nursing Homes

Many different types of elder abuse can occur in nursing homes in the Boston area. While most people worry about physical and financial abuse as primary risks for seniors, sexual abuse is a real possibility that could have devastating effects for an older nursing home resident. healthcare-upclose-885334-m.jpg

Victims of any type of nursing home abuse or neglect should consult with an experienced Boston nursing home abuse lawyer for help. Family members also need to be alert for signs of problems and inappropriate behavior, especially when nursing home residents are no longer able to communicate about the treatment that they are receiving.

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Older Victims of Traffic Accidents at Risk of Spinal Cord Injuries

Damage to the spinal cord generally causes permanent injuries. One factor that can impact the extent of spinal cord injury is the age of the victim. A new study suggests older individuals may have a worse prognosis when spinal cord damage occurs. different-1131676-m.jpg

Those responsible for causing an injury to the spine must fully compensate the victim for all costs. The fact that the victim's age is a factor in the severity of the injury does not absolve a negligent party of being responsible for covering treatment expenses, lost wages, pain and suffering, emotional distress and other damages. A Boston personal injury lawyer can help those who have suffered a spinal cord injury to pursue a damage claim to obtain compensation.

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Have a Safe and Happy Fourth of July Weekend

Our Boston personal injury lawyers would like to take this opportunity to wish you a safe and happy Fourth of July weekend.

fireworks12.jpgEach year, countless people flock to Boston to celebrate our nation's birthday. Many will walk, ride the T, or drive down to the esplanade on the Charles River for a day of fun before watching the spectacular fireworks display. There are truly a lot of great activities and a lot of fun to be had. However, with so many people coming into the city, is imperative that everyone does their part to stay safe and injury free. Both drivers and pedestrians can take actions to help prevent injuries.

A recent article on CBS Boston shows just one example of a fatal traffic accident involving pedestrians that occurred in this part of town. According to reports, a 28-year-old man and his girlfriend were at the Charles River esplanade before heading down Beacon Street when two cars collided. One of the vehicles rolled from the force of the collision and hit the young couple. He died at the scene and she was rushed to Brigham and Women's Hospital where she later died. Lanzilotti was an employee of the Red Sox baseball organization, according to a team spokesperson. Boston Police continue to investigate this tragic accident but have not released any findings as of yet. Police are looking for anyone who may have witnessed the accident. People who live in the area told reporters that drivers frequently drive too fast in this area, and that may have contributed to the accident.

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Evangelical Lutheran Good Samaritan Society v. Kolesar - Nursing Home Arbitration Agreements

Increasingly, nursing homes and long-term care facilities are seeking ways to shield themselves from litigation stemming from neglect, abuse or negligence by shoving arbitration agreements in front of new patients.
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Boston nursing home neglect lawyers know that in most cases, these agreements are not a mandatory element of acceptance into the facility, and they serve only to diminish the rights of those who have been injured as a result of the nursing home staff's actions or inaction.

That doesn't necessarily mean those whose disputes are handled by an arbitrator will be unsuccessful. However, the process tends to be skewed in favor of the facility, which is why we will often first assess whether there is evidence the arbitration agreement was unconscionable. In nursing home abuse cases, this usually is a result of the agreement being signed by someone too ill to make those kinds of decisions on their own, or by someone signing an agreement on the patient's behalf when he or she did not have the legal authority to do so.

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Cox v. Wal-Mart Stores - Establishing Premise Liability Claim for Defective Doorway

A customer at a store should have an assurance the property will be in a reasonably safe condition from the moment they walk in the door - sometimes sooner. They should have confidence that if there is any potentially dangerous situation on site, it will be either open and obvious, or they will receive ample warning about it from management.
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When that doesn't happen and injury results, our Boston personal injury lawyers are here to help initiate a premises liability lawsuit.

In the recent case of Cox, et al. v. Wal-Mart Stores, Inc., it was the doorway itself the plaintiff alleged to be defective and dangerous, and accused the store of failing to warn her about it. This case was removed to federal court upon request of the defendant, after first being filed in Mississippi state courts. Still, because the incident occurred in Mississippi, state law there governs whether the plaintiff has a valid case.

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Graf v. Hospitality Mut. Ins. Co - First Circuit Caps Damages for Mass. Restaurant Injury

The U.S. Court of Appeals for the First Circuit has limited liability of the insurance company of a Massachusetts restaurant/bar where a woman was injured following a brawl.
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The issue in Graf v. Hospitality Mut. Ins. Co. was not whether the facility was negligent in providing security or whether that resulted in the plaintiff's injuries. That was established during a previous lawsuit where the patron sued the restaurant directly, resulting in a $500,000 judgment in her favor.

Boston personal injury lawyers understand the issue in this action was to what extent the bar's insurance company was liable for $112,000 in prejudgment interest against the owner and an employee of the facility.

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FCH1 v. Rodriguez - Negligent Security at Issue in Sports Bar Injury

A man was sitting in bar, watching Monday Night Football, when he was toppled by a fellow patron who dove for a souvenir tossed by an actress into the crowd. The man suffered a severe knee injury, which required expensive medical treatments.
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When he sued the owner of the sports bar, he was awarded $6 million at a bench trial in Nevada. However, a review of FCH1, LLC v. Rodriguez by the Nevada Supreme Court resulted in a reversal and remand of the case.

Boston personal injury lawyers find this case especially relevant at this time, when radio stations, bars, sports franchises and others host summer concert series and other events where there are large, tightly-packed crowds. Management of these crowds through ample security and other strategic measures is one way in which these entities can keep their patrons safe - and avoid personal injury litigation.

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