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In re: Aramack Sports, a case from the U.S. Court of Appeals for the Tenth Circuit, involved a recreational boating accident in which four people were killed.  All of the victims were adults who had rented a boat from defendant for use on Lake Powell.  The question on appeal was whether this case fell within the federal admiralty jurisdiction.

marina-1449492While we generally think of a lake as an isolated body of water, in some cases, the lake is considered navigable, and if waters are considered navigable, then any causes of action that arise on there may fall under the jurisdiction of federal admiralty court.  In this case, defendant rented boats from a marina on the lake, which is situated near the border of two states.  Three married couples had gone on a joint vacation to the lake and rented a boat from defendant. Continue reading

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The aides and nurses at the Braemoor Health Center lacked the fundamental knowledge necessary to save the life of a dementia patient suffering a heart attack in their care. The facility also neglected to inform state officials of the death, initially saying it was because the man had no family. Later, it was revealed administrators feared “bad press,” as their parent company was already under scrutiny for two other deaths in Wilmington. oldhands2

State health officials released the 70-page report on their investigation more than a month after barring the facility from accepting new patients, fining it $200,000 and freezing its payments from Medicare – the bread-and-butter of any nursing home.

The report offers a scary glimpse into the day-to-day operations at Braemoor, owned by Synergy Health Centers in New Jersey. The report followed two surprise inspections earlier this summer following a tip-off regarding the two deaths, in March and in April. Those inspections revealed a host of problems. For starters, the staff in charge of caring for these elderly, frail patients had little-to-no staff training in basic life support care. Meanwhile, the machines staffers relied upon to provide emergency oxygen to patients suffering medical emergencies – those were empty. The emergency medical devices used to restore a regular heart rhythm to someone experience an active heart attack – those devices were defective. The alarms in place at each window and exit of the building to prevent dementia patients from wandering off-site – many of those were missing or not working.  Continue reading

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Following the death of boxing legend Mohammad Ali earlier this summer, there has been a lot of news coverage about Parkinson’s disease in recent weeks.  There has also been a lot of head injury and concussion news as result of the recent movie starring Will Smith, and the injuries we are seeing in professional sports such as in the NFL.

457973__1According to a recent news feature from Time, doctors now have more evidence that there is link between victims of a serious head injury and those who develop Parkinson’s disease and possibly Alzheimer’s disease. Continue reading

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A recent news feature form looks at three types of burn injuries we tend to see more often during the summer months than we do in other months, and it is is important to understand that all three of these types of burn injuries are preventable if the adequate level of care is taken.

As one might expect, we tend to see a lot more fireworks injuries during summer months than we do the rest of year.  While fireworks are also used during New Year’s Eve celebrations and other festivities throughout the year, during non-summer months it is often professionals that are providing the fireworks displays.  This is not to say that even professional shows can’t result in serious personal injury or death, but the chances are much greater that there will be a preventable accident when amateurs are the ones lighting off the fireworks displays. Continue reading

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According to a recent news release from CNN, a hot air balloon crashed in Texas and cost the lives of 16 people.  The deadly balloon crash occurred around 30 miles from Austin, Texas, according to authorities.

hot-air-balloon-1-1518704While the cause of the accident is still under investigation, witnesses and investigation authorities believe the balloon crashed into power lines causing it to burst into flames before hitting the ground. The company that owned the balloon involved in the deadly accident regularly offers customers hot air balloon rides.  The balloon can go to numerous destinations in the area and, according to their website, charges customers around $400 each for a ride on the balloon. Continue reading

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In Morrison v. St. Luke’s RMC, plaintiff was taken to defendant’s emergency department the day after Christmas in 2011.  He was there after complaining of chest pain.  The doctor who examined plaintiff conducted a thorough physical examination after taking the patient’s relevant medical history.

nursesAfter completing his examination, treating doctor made a determination that plaintiff was not suffering from a heart attack and was stable enough to be discharged from the hospital.  The doctor did tell him that he should see a cardiologist the following morning for a follow up consultation.  He also gave plaintiff the contact information for a cardiologist that he should see if he did not have one already. Continue reading

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The Law Offices of Jeffrey S. Glassman was recognized recently by the esteemed Massachusetts Lawyers Weekly after having secured the largest injury settlement in the Commonwealth for a full year.

"Clint Smith"

A child injury lawsuit filed on behalf of the parents of a Boston baby who due to a medical mistake now suffers cerebral palsy, spastic quadriplegia and legal blindness, was settled for $9.02 million. This damage award was the highest in the state from July 2015 through July 2016.

This settlement is significant. We know that 95 percent of all personal injury lawsuits in Massachusetts end in pre-trial settlements. That means the case never actually goes to trial. Some cases get dismissed by a court for lack of evidence. Others may be settled for less than they are worth by attorneys who more concerned with quantity rather than quality. Continue reading

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In Bowers v. P. Wile’s Inc., a case from the Supreme Judicial Court (SJC) of Massachusetts, one afternoon in 2011, plaintiff went to a garden store owned by defendant in Cape Code.  While she was at the garden center, she was walking on a walkway in the parking lot that was about six feet in width.  While the walkway was paved, the area next to the walkway had gravel stones commonly known as rivers stones in the masonry and rock industry.

waterpuddle03While this was in the parking lot, it was also an area in which the stores display merchandise.  Anyone who has gone to a garden center, or even a big box store, is likely aware that stores like these tend to display plants and trees in front of the store in what is essentially part of the store’s parking lot for customers to look at. Continue reading

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In Edwards v. Hy-Vee Inc., an injury lawsuit heard recently by the Nebraska Supreme Court, plaintiff was shopping at a grocery store owned by defendant.  While plaintiff was in the store, an employee was handing out samples of watermelon to customers.  When the plaintiff was about six feet away from the man handing out watermelon samples, she slipped and fell to the floor.

caution-wet-floor-sign-1-1006453-mShe filed a lawsuit against the defendant, and there was testimony that the reason for her fall was that she slipped on what appeared to be watermelon.  She argues that the store knew or should have known that the floor was wet due to the watermelon and that a customer could likely slip and fall on that watermelon, which is what happened in this case. Continue reading

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Proving negligence in a sidewalk slip-and-fall case can be challenging due to a myriad of factors.sidewalk2

The first reason is that, more often than not, you’re dealing with a public entity, with all of the legal hurdles that entails (i.e., sovereign immunity, etc.).The second reason is that you have to prove the defendant had actual or constructive knowledge of the defect. That means the defendant was either informed of the actual flaw or that the defect existed for such a length of time the defendant, in using reasonable care, should have learned about it.

Although we don’t tend to think of trip-and-fall negligence cases as requiring an expert witness as we would for, say, a medical malpractice lawsuit, it’s something that may need to be considered.  Continue reading