Personal Injury

April 13, 2018

Hit-and-Run Accident Sends Man to Hospital in Brockton

At noon on April 12^th, in Brockton, a vehicle attempted to make a left turn onto Nilsson Avenue from Warren Avenue and collided into a Honda Accord and another driver. The vehicle fled the scene and Brockton Police later uncovered it on Fulton Street where they learned it was reported stolen prior to the accident.

The triple car collision resulted in an injury the driver of the Honda Accord, who was ultimately hospitalized. The Honda Accord was smashed into a utility pole. There were several witnesses who gave their observations to the police.

April 13, 2018

Flatbed Truck Runs Over Man, Crashes Into Tree

by Jeffrey S. Glassman

Earlier this afternoon, as two flatbed truck workers were loading a Honda Accord onto the tow truck, the truck began to roll and ran over one of the workers. He was taken away in an ambulance. The Pipo’s Towing truck ended up descending approximately 250 feet down hill. This occurred on Haviland Street in Worcester at around 1:30 p.m. There were several witnesses to the incident including the three women getting the Honda Accord towed.

The other Pipo’s Towing worker was also injured when, after attempting to jump into the tow truck to stop it from continuing to roll down hill further, he fell out of the truck onto the pavement. There were no further injuries when the truck came to rest against a tree that stopped it. The accident investigation team of the Worcester Police are investigating mechanical failure as a possible cause, among other factors.

April 8, 2018

Evidentiary Practice in Boston Personal Injury Lawsuits

by Jeffrey S. Glassman

Most Boston personal injury claims will settle prior to going to trial. Mainly, this is due to the fact the insurance company will assess the possible risk of going to trial and the cost of defending an action at trial and usually offer based upon these calculations. However, if an insurance company does not make a reasonable offer, which provides plaintiff with a full and appropriate financial recovery, it will be necessary to take the case to trial and fight for plaintiff’s rights in open court. If your attorney is going to take a case to trial, it is essential he or she has handled many cases in court before and is well versed in the rules of evidence and trial practice to increase the likelihood of a successful outcome.

The first thing to understand is Massachusetts does not have formally codified rule evidence like most other states, so it is technically improper to refer to a particular rule by number, even though it happens all the time in court. These numbers generally come from the Federal Rules of Evidence (FRE), which apply in federal courts as well as state evidence codes, which typically closely resemble the federal rules of evidence. This is not to say Massachusetts does not have any rules of evidence, they just do not come from a code book or the Massachusetts General Laws (M.G.L.). Continue reading

February 27, 2018

SJC: Massachusetts Schools Shielded From Negligence Lawsuits by Victims of Bullies

by Jeffrey S. Glassman

Holding school districts accountable for negligence resulting in student injuries just got a lot harder in Massachusetts.

Governmental immunity laws meant that it was never a cakewalk, and plaintiffs pursuing liability claims against school districts in Boston and elsewhere in the Commonwealth always had their work cut out for them. The latest ruling in Commier v. City of Lynn et al just makes the climb for justice that much steeper.

This was a heartbreaking case involving a boy who was just a fourth-grader when he was a victim of school bullying so severe he now suffers from permanent paralysis. The boy’s parents had filed numerous complaints with the school district prior to the incident in question, and it’s their contention the school’s response was insufficient to abate the danger their son faced, particularly when the district had a duty to protect him.

Now, the Massachusetts Supreme Judicial Court has held that school districts are shielded from liability in the event a student is injured by a classmate, thanks to the Massachusetts Tort Claims Act. Continue reading

February 5, 2018

Assumption of Risk is Not a Defense in Boston Personal Injury Cases

by Jeffrey S. Glassman

Assumption of Risk as a Defense in Boston Personal Injury Cases Has Been Abolished

In some jurisdictions, a defendant in a personal injury case can plead what is known as an affirmative defense such as assumption of risk. Generally speaking, an affirmative defense is a defense, which does not involve denying much of the allegations. Instead, a defendant will plead plaintiff knew of the risks when engaging in a certain activity or course of conduct, with full knowledge of the consequences, and chose to disregard or “assume” those risks. By assuming the risks, plaintiff should not be able to fault defendant for engaging in any negligence so it should serve as a complete bar to recovery.

Massachusetts is a Mixed Comparative Negligence Jurisdiction

Assumption of risk generally developed into what is known as a pure contributory negligence jurisdiction. This means that if plaintiff contributed to the accident in anyway by being negligent in is or her own right, it would serve as a complete bar to recovery. This could be as simple as a plaintiff walking down aisle in a big box retailer and slips on a wet floor while there was a caution wet sign. In these jurisdictions, it could be argued plaintiff assumed the risk by walking on the floor anyway so the case should be dismissed. This may seem like a harsh result, but it is still the law in a handful of states and the District of Columbia. Continue reading

January 29, 2018

Injuries During Fraternity Hazing in Boston

by Jeffrey S. Glassman

Boston is home to many colleges and universities, and while perhaps not as common in the past, joining a fraternity or sorority is still a popular thing to do for many new students. Despite being illegal, fraternity and sorority hazing still happens all the time and sometimes it results in serious injury or even death as we have seen in some cases that made big headlines. Not only is this a crime and a basis for being expelled from school, it is also a basis for filing a personal injury lawsuit in some cases under various theories of liability including the Massachusetts dram shop statute and negligence.

Massachusetts Dram Shop Law

The dram shop law in our state is found in Chapter 138 of Section 69 of the Massachusetts General Laws (M.G.L.). This statute states no alcoholic beverages can be sold or otherwise provided to anyone who is intoxicated. It is also illegal to serve anyone alcohol who is under the age of 21 and as we know, most fraternity and sorority pledges subjected to hazing are under the age of majority. It should also be noted forcing someone to drink massive amounts of alcohol counts as delivery of alcohol under the Massachusetts dram shop law. Continue reading

January 14, 2018

Boston Personal Injury Sustained During Recreational Activities

by Jeffrey S. Glassman

Liability waivers can be a major obstacle to Boston injury lawsuits, but they are not always impossible to overcome. These waivers are often thrust in front of participants of certain recreational activities to warn of potential injury or even death. If you sign one of these waivers, it may limit the circumstances under which you are entitled to seek compensation if you are later injured. However, Boston injury attorneys can explain these documents are not impenetrable. There may be a number of challenges on which your claim can prevail.

Courts in Massachusetts Often Enforce Boilerplate Waivers Signed by Activity Participants

Unlike some other states where signing general liability waivers signed before participation are deemed void for public policy, the courts in Massachusetts have been willing to enforce many of these so-called agreements. It will take an experienced injury lawyer to successfully challenge it. Continue reading

December 26, 2017

Service of Process in Boston Medical Malpractice Lawsuits

by Jeffrey S. Glassman

Service of process is a legal procedure whereby a party to a lawsuit provides proper notice of a legal action involving another party (usually the defendant). One gives notice of a Boston personal injury lawsuit by delivering a set of court documents to the person who is being served.

If a settlement can’t be reached with defendants, the case will be filed in the Suffolk Superior Court in in Boston’s Government Center area. The court will then issue a service packet, complete with a signed and stamped summons. Multiple copies will be provided if there are numerous defendants. Each defendant must then be served with the packet, including copies of the summons and complaint. If a defendant is not properly served within 90 days, per state rules, the defendant can move to dismiss for lack of service.

Take for example the 2012 ruling by the U.S. Court of Appeals for the 1st Circuit, wherein the appeals court affirmed the dismissal of a Massachusetts medical malpractice/ wrongful death claim, which came a full year after the complaint was originally filed against defendant physicians. Although plaintiff had sought two 90-day extensions one top of the original, (complications arose, as one defendant was out of the country), the court found the delay was inexcusable. The case was pending in Essex County Superior Court, while service was governed by Massachusetts Rule of Civil Procedure 4(j), requiring that such process be completed in 90 days. Justices ruled that while federal rules offer no specific time limit on service of process outside the U.S., case law has established reportedly that the amount of time for foreign service is not unlimited.

September 24, 2017

Boston Personal Injury Risk During Recreational Activities

by Jeffrey S. Glassman

There are many fun and exciting things to do in Boston throughout the year, but in some cases, engaging in these activities could result in serious personal injury. As we head into the fall, there will be people doing all kinds of outdoor activities, such as going to apple orchards, taking hayrides at local pumpkin patch and attending sporting events. However, even these seemingly safe activities could result in serious personal injury if there is any negligence on behalf of the event organizers or property owners.

According to a recent news article from ESPN News, a young girl was seriously injured at Yankee Stadium when she was hit in face with a foul ball off the bat of Todd Frazier. The young girl was sitting in the lower level seating area when the ball hit her in the face. Using this season’s new technology that measures the hit speed of every batted ball, they were able to determine that the baseball was traveling at 105 miles-per-hour when it came off the bat. Continue reading

September 19, 2017

Ski Area Accidents in Massachusetts

by Jeffrey S. Glassman

With the winter months approaching, many in New England including Massachusetts will head to the slopes for a day or weekend ski trip. While this can be a lot of fun, it can also result in serious personal injury or even death. There is no question that skiing has inherent risks, but that should not excuse a ski resort from liability.

One thing that may limit the chances of recovery in a personal injury lawsuit is the waiver of liability most skiers are presented with when they get a lift ticket. The reason we use the term presented with, is because they do not often require skiers to actually sign anything. Instead, they say when you put the lift ticket on the zipper of your ski parka, you have effectively accepted the terms of the waiver. In many cases, the waivers will include a complete waiver of any liability on behalf of the ski area operators. This waiver can be very inclusive, and may even go so far as to include a waiver of liability for intentional conduct on behalf of employees. Continue reading