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

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

Jeffrey Glassman Injury Lawyers 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

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

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

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

Representing thousands of Massachusetts nursing home workers, members of 1199SEIU United Healthcare Workers East penned a letter to state lawmakers recently, urging them to fight back on Gov. Charlie Baker’s recent veto, which will cut millions in nursing home staffer salaries and benefits.nurses

Those cuts – some $17.2 million in all, according to the Boston Globe, are mostly going to affect low-wage workers. Originally, the state Legislature had approved $35.5 million for these workers. But then Baker, citing a substantial financial setback caused by major tax revenue declines, prompted him to cut the allocated boost in half.

The union argued that not only was the pay raise not reliant on state revenue (instead leaning on nursing home user fees), but this kind of move might ultimately jeopardize nursing home patient safety.  Continue reading

There has been an increasing amount of awareness raised about the dangerous effects of repeat head injuries, suffered by athletes. It’s extremely common in what are known as “contact sports,” or those sports in which the body routinely comes in hard contact with other persons or objects. bluebrain

The greater awareness about damage caused by concussions and repeat blows to the head has prompted a flurry of positive changes, including the introduction of guidelines for injury prevention, player treatment, coach training and better helmets.

Although sports teams, whether school-sponsored or professional, do owe a duty of care to players, it’s generally understood that this duty of care may be less to participants of contact sports, who understand the risk they are assuming in playing the sport. This is known as the “contact sports exception.” That means it may be tougher to prevail in a personal injury lawsuit in such instances.  Continue reading

Whenever someone receives an injury to the head, it is generally a good idea to determine whether the victim had suffered a concussion or other type to traumatic brain injury. In the old days, a person who was knocked unconscious was often shaken or administered smelling salts, and that would be all the care they received.  Years of medical research has proven that this is not the safest practice.

457973__1These days, we often hear about head injury protocols being taken when someone suffers a head injury or impact.  We often see if the person is oriented as to person, place, time, and date.  This is known as being oriented times four to first responders and mental health professionals.  It is in professional sports where we often hear that these protocols are being performed, and we have to wait see if the person suffered a concussion. Continue reading

According to a recent news feature from Boston.com, a man at Plymouth Beach died in a drowning accident while he was swimming at the beach.  Authorities said he was swimming very early in the morning, as they received the initial 911 call just after 2 a.m.

surgeonsAfter receiving the 911 call, first responders arrived on the scene and met the caller, who said they were not been able to locate their friend who went into the water. At this point, they began searching for the man and by 20 minutes after 3 a.m., first responders had located the drowning victim.  When they finally found the man, he was lying prone in about eight feet of water.  Continue reading

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