Boston Personal Injury Attorney Blog

January 27, 2015

MBTA Inspector Leaves Accident Scene

According to a recent news article from NECN, a twenty-year-veteran MBTA inspector allegedly crashed a company vehicle into a bus operated by the T, and then was allowed to the leave the scene of the accident without submitting to drug or chemical testing as required by United States Department of Transportation (DOT) regulations and Massachusetts law.

Authorities say T bus was waiting at crosswalk for a pedestrian to walk across the street when inspector rear-ended bus with his T owned vehicle. Police were called to the scene, as were T supervisors. At this point, it is required T inspector be taken to a testing laboratory certified by the Office of Drug and Alcohol Testing for the Commonwealth of Massachusetts, and submit to drug and alcohol testing. This normally involves blowing into a breath-testing instrument, and providing a urine sample for chemical testing at a state-approved testing facility.

For reasons not entirely clear, inspector was allowed to leave the scene of the accident without submitting for testing. Authorities later found inspector at his friend’s house and took him for testing. This was at around 4 p.m. and accident had occurred at around 9:30 in the morning. The concern is any alcohol, which may have been in his system, could have been excreted by the time he was eventually tested. It should be noted no reports have suggested any evidence he was actually under the influence of intoxicating alcohol or drugs at time of the T accident.
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January 25, 2015

13-Year-Old Dies in Skiing Accident in Massachusetts

by Jeffrey S. Glassman

Skiing is a very popular winter sport, especially in New England. While skiing can be a lot of fun, accidents can occur. Many of the accidents are what one might consider normal skiing accidents such as falling when getting off a chairlift and breaking a bone or staining a muscle.

Everyone who goes skiing should know there are risks associated with the sport. However, some skiing accidents, while they don’t occur frequently, are much more serious and can result in death of a skier.

According to recent news article from the Lowell Sun, a 13-year-old boy was killed at ski resort in Massachusetts. Authorities say young victim had died when he hit a tree in what appears to be this particular ski resort’s first fatal accident in its operational history.
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January 24, 2015

New England Man Seriously Injured in Snowmobile Accident

by Jeffrey S. Glassman

Every winter in Massachusetts and throughout New England, people head outdoors and look for fun family activities to do in the cold snowy weather. One of the more popular winter activities is riding a snowmobile.

While some are lucky enough to own a snowmobile, many choose instead to rent one for the day. Snowmobiling can be a lot of fun and excitement, but it can also be very dangerous. According to a recent news article from the Union Leader, a New Hampshire man was seriously injured in a snowmobile accident, and is said to be in a life-threatening condition at a local hospital.

Witnesses say the crash occurred early Tuesday morning on a local pond. The 53-year-old victim was a passenger on a snowmobile being operated by someone else around 3 a.m. Driver crashed into a rock, which was partially exposed from icy surface of the pond. The snowmobile flipped over when it hit the rock throwing female operator and victim off the machine. Victim then crashed into more exposed rocks after being thrown from snowmobile. It should be noted neither victim nor driver were wearing a helmet at the time of this serious accident.
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January 22, 2015

Hyundai Motor Co. v. Duncan: Expert Testimony in Personal Injury Cases

by Jeffrey S. Glassman

In Hyundai Motor Co. v. Duncan, plaintiff suffered a serious closed-head injury when he lost control of his car. After losing control of the car, he left the road, hit two snow banks, crashed into a large hay bale and ultimately hit a tree on the driver’s side of the car. His vehicle was equipped with a side airbag, but it did not deploy during this accident.

Following his injury, conservators of victim filed civil lawsuit in victim’s name. Defendant was car manufacturer who produced the car. Claims were initially made for negligence, failure of the implied warranty of merchantability, fitness for a particular purpose, breach of express warranty, and failure to warn. Boston personal injury attorneys may also have the ability to seek triple damages in a defective products claim pursuant to Chapter 93A of the Massachusetts Consumer Protection Act.

The case proceeded to trial, and plaintiff pursued only the claims for breach of the implied warranty of merchantability, fitness for a particular purpose, and unreasonable dangerous design. Plaintiff argued if the airbag sensor had been put in a different place, it would have deployed and prevented claimant from being seriously injured in the crash.
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January 16, 2015

Martin v. Dematic: Wrongful Death and Personal Injury

by Jeffrey S. Glassman

Martin v. Dematic, a wrongful death case from Supreme Court of Washington, involved plaintiff who was killed by a machine at a paper plant. Decedent’s wife filed a wrongful death and survival action in civil court naming several defendants. One defendant was the company that installed the tissue-making machine that killed decedent.

Two weeks later, defendant filed a response in which it demanded indemnification from another company. This company had actually installed the tissue-making machine and, under the stock tender agreement, was still liable for any actions resulting from negligence occurring prior to 1996. This machine had been installed in 1980, so defendant claimed this company was actually responsible for any damages to plaintiff.
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January 12, 2015

Stuhlmacher v. Home Depot U.S.A., Inc.: Defective Products Cases

by Jeffrey S. Glassman

In Stuhlmacher v. Home Depot U.S.A., Inc., plaintiff was injured in November of 2008 while building a cabin for his parents. The cabin was in Sullivan, Indiana. A few days before his accident, plaintiff purchased a four-legged stepladder from a big box hardware retailer, so he could work on the roof.

During his first time using the ladder, it fell from the side of the house. He grabbed onto the rafters and then fell to the ground on the right front rail of the ladder. His groin made contact with the ladder when he fell. He suffered a shoulder injury, but his most serious personal injury was to his penis. His doctor diagnosed plaintiff with Peyronie’s disease.

Peyronie’s disease is painful condition that causes one’s penis to become bent, which among other things prevented plaintiff from having sexual intercourse with his wife.
As our Boston personal injury attorneys can explain, when a victim of a personal injury is no longer able to have a normal intimate relationship with his or her spouse, the law provides a remedy known as loss of consortium damages, which can be awarded to the victim’s spouse.
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January 10, 2015

Branham v. Rock: Standard of Care in Medical Malpractice Cases

by Jeffrey S. Glassman

Branham v. Rock, a personal injury appeal from the Supreme Court of Kentucky, involved plaintiff who was injured while riding as a passenger in her husband’s truck. She was not wearing a seat belt when the truck drove off the road and hit a tree. The passenger side airbag deployed but did not prevent her from hitting the front windshield. He was briefly unconscious following the car crash.

Emergency workers arrived at the scene and took her to a local hospital where doctors ordered a head and neck CT scan. The scan was done “out of an abundance of caution” to rule out internal bleeding. She was then transported by air to another trauma center. There doctors ordered a chest x-ray, which revealed blunting to the left costophrenic angle, which could be related to “effusion or scarring” and a “3.5 cm mass-like density” in the left lower lobe. This caused concern among doctors, but she was discharged with instructions to follow-up with her primary care physician.

About 36 hours later, she died from what the autopsy revealed to be a ruptured aorta caused by blunt-force trauma to the chest. A year following her death, plaintiff filed a wrongful death action, claiming medical malpractice against the hospitals and treating physicians. The trial judge dismissed claims against hospitals on grounds of sovereign immunity, and the jury found for the defendants. Plaintiff appealed trial court’s finding of sovereign immunity and jury’s verdict claiming it was inconsistent with evidence presented at trial.
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January 8, 2015

Whaley v. Sharp: Personal Injury Actions and Municipal Defendants

by Jeffrey S. Glassman

Whaley v. Sharp, a case from the Supreme Court of the State of Kansas, involved a plaintiff who went to defendant’s emergency room for treatment. The day after being admitted, plaintiff was to be transferred to Wichita for additional treatment. She died in transit.

Plaintiff’s adult daughter was appointed personal representative of plaintiff’s estate and a submitted a claim to defendant’s attorney. Plaintiff claimed hospital was responsible for the negligent conduct of its employees and also failed to properly hire, credential, and supervise its employees. Damages were in the amount of $1.25 million according to court records.
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January 5, 2015

Gilbert v. Wessels: National Standard of Care

by Jeffrey S. Glassman

Gilbert v. Wessels, a case from the Supreme Court of Tennessee, involved plaintiff who underwent laser eye surgery performed by defendant ophthalmologist. After suffering a serious personal injury as a result of this surgery, plaintiff filed a medical malpractice action against defendant.

Trial court set the case for trial in July of 2012, and then later continued trial date until October of 2012. Less than a month before trial, defendant filed a motion to waive the state’s contiguous state requirement for expert witnesses, requesting that an ophthalmologist from Florida be allowed to testify on his behalf at trial.

His reason for this was only three doctors in the county, he claimed, were experts in this new type of laser eye surgery, and there was not a doctor in his state or a neighboring state who could testify about the appropriate standard of care when performing this eye surgery.
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January 4, 2015

Grimes v. Saban: Assault and Battery Claims

by Jeffrey S. Glassman

Grimes v. Saban is a personal injury case from the Supreme Court of Alabama. Plaintiff and defendant, along with others, were in the kitchen at defendant’s apartment after spending the night a local bar. According to court records, both parties were drinking alcohol at the time of the incident.

Plaintiff allegedly offended defendant when telling her to shut up. Defendant locked herself in her bedroom. While there she allegedly posted disparaging remarks about plaintiff on Facebook. Plaintiff confronted her about this and Defendant held up her phone saying she already deleted the post. The two women then got into a physical altercation.

During the fight, the cellphone was thrown against a wall and more fighting occurred. Eventually the parties were separated and her friends drove plaintiff to the emergency room. She later filed a civil action for assault and battery in connection with her injuries.
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