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Lindner v. Union Pacific Railroad Co., a case from the U.S. Court of Appeals for the Seventh Circuit, involved a couple who were driving under a railroad bridge when a train derailed above them. The train derailment caused the bridge to collapse and land on the couple’s vehicle. Both occupants of the car, husband and wife, were killed in the tragic accident.

train.jpgThe decedents’ son filed a wrongful death action against the railroad alleging that the accident was due to negligence. As your Boston personal injury attorney can explain, a wrongful death action is a type of negligence case typically filed by one or more of the surviving heirs of the decedent in the name of the estate.

This case was filed in federal court. A personal injury can be filed in federal court if it implicates a “federal question” or there is diversity of citizenship and the amount in controversy (claim) is more than $75,000. In this context, diversity of citizenship means that the plaintiff(s) and defendant (s) reside/operate in different states. Here, the plaintiffs were from Illinois and the railroad had its headquarters in Delaware. Many companies have their headquarters in Delaware, due to the state’s laws being favorable to corporations.
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Our Boston wrongful death lawyers understand that in some cases, proving a relationship between a plaintiff and third party may require significant litigation.

UF_charges_DC.jpgVesely v. Armslist LLC, a case heard in the United States Court of Appeals for the Seventh Circuit, involved a woman killed by a man she met on an internet dating website. The man attempted to pursue a romantic relationship with the decedent, but she declined his advances.

After being rejected by the victim, the man purchased a .40 caliber handgun from a man in Seattle via an online classifieds page created to facilitate the purchase and sale of weapons. The website featured several disclaimers that stated owners of the site are in no way involved in any transactions between parties and that they in no way guarantee the legality of any transaction conducted via the website.

According to the website, any person who engages in a transaction is responsible for following all state and federal laws pertaining to the sale of guns and ammunition, and if a party has any questions, they should contact the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) directly.
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Your Boston personal injury lawyer understands that assumption of risk is a commonly asserted defense to negligence actions.

elderly-cane.jpgGregory v. Cott, an appeal argued before the California Court of Appeals, involved a healthcare worker who was injured by an Alzheimer’s patient in her care.

The husband of an 85-year-old woman who suffered from the advanced stages of Alzheimer’s disease hired an home healthcare agency to provide care for his wife. The plaintiff was assigned to treat the patient in her home. The plaintiff had worked with patients suffering from the disease in the past and had been trained in caring for people with Alzheimer’s disease.

According to the record, the plaintiff was aware that late stage patients are prone to violent physical outbreaks. She knew that patients were prone to biting, kicking, and scratching those around them. Her responsibilities including bathing the patient, transporting her, and she was also to help perform light housekeeping. The plaintiff was washing dishes on this day and was cleaning a large kitchen knife. Her patient hit her from behind and reached into the sink.
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Hill v. United States, a case from the U.S. Court of Appeals for the Seventh Circuit, involved a plaintiff who was serving a five-year sentence in prison when another inmate attacked him. He was hit with a metal object and lost vision in one eye. Eventually, the eye had to be removed by doctors. The plaintiff filed a lawsuit against the United States Bureau of Prisons (BOP). The lawsuit was filed pro se.

hospital-bed-2-65899-m.jpgAs your Boston personal injury lawyers know in rare cases a person will choose to represent himself or herself in court. When this happens, the unrepresented party is known as a pro se litigant.

In Hill, the basis for the lawsuit was that the BOP was negligent by allowing the prison to become overcrowded and by failing to safeguard the prisoners in the overcrowded environment.
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According to a recent article from CBS Boston, a hot air balloon crashed into power lines in Clinton, Massachusetts. Witnesses saw the hot air balloon flying extremely low over their neighborhood when it flew into power lines and caught fire. There were five or six passengers in the balloon who authorities said suffered burns ranging from minor to severe.

hot-air-balloon-serie-623175-m.jpgMany of the witnesses thought the passengers were all dead when the balloon crashed. Fortunately, the accident was not fatal. The cause of the accident is unknown, as is the reason the balloon was attempting to land in the town. Local authorities and the Federal Aviation Administration (FFA) are investigating the cause of this balloon crash.

The National Weather Service stated winds were fairly mild and there were no substantial weather events at the time of the crash. Around 600 people were left without power after the accident due to the power lines catching on fire. The power company was able to restore service within a few hours.

As your Boston personal injury lawyer understands, injuries resulting from recreational activities can often lead to complex litigation. It is likely the passengers were required to sign some type of waiver before boarding the balloon. However, Massachusetts courts are often willing to void liability waivers, depending on the language of the contract and the facts of the situation.
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Shapria, M.D. et al. v. Christiana Care Health Services, Inc., et al. was a medical malpractice case argued before the Delaware Supreme Court. The plaintiff fell off a ladder and injured multiple ribs and suffered other injuries from the accident.

673854_doctor_patient_relationship.jpgAs your Boston medical malpractice attorney can explain, many cases deal with the issue of informed consent.
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In Donahue v. Ledgends, Inc., an appeal argued in the Supreme Court of Alaska, a woman broke her tibia during a class at a rock climbing gym. According to court records, she fell about four feet from a bouldering wall and broke her leg.

blind-climber-865934-m.jpgThe gym required her to read a warning and sign a waiver before taking the class. The waiver purported to release the gym from liability for any injuries suffered by participants in the climbing class. The defendant moved to dismiss the case on summary judgment, claiming the signed release barred them from any liability.

Our Boston personal injury lawyers understand that many clients sign long and complex waivers without being given a real opportunity to read or fully understand what they were being asked to sign.

The trial court ruled the waiver signed by the plaintiff contained all of the statutorily required language and dismissed her claims against the defendant. The judge also ruled the Uniform Consumer Protection Action violation she had asserted did not apply to personal injury cases.
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In McCormick v. Chippewa, Inc., the plaintiff was working on an Alaskan commercial fishing boat when he injured his back pushing a net reel. He was given an over-the-counter pain medicine as the sole treatment for his injuries. Later that same evening, he went to bed, and, due to rough seas, he fell out his bed and hit the floor. When he hit the floor, he hit his head and suffered further injury to his back, according to court records.

fisher-boat-1111108-m.jpgThe following day, the plaintiff stated he was dizzy from the fall and in more back pain than he had been the day before. He was eventually treated for his injuries at a medical facility in Anchorage.

He filed a personal injury lawsuit against the boat owner and captain, alleging negligence in the operation of the boat both in causing his injury and in failing to treat his injury properly after it occurred.

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Durban v. Waverly Sales Company, an appeal argued before the U.S. Court of Appeals for the Eighth Circuit, involved a woman who attended a horse auction with her husband. The arena was set up in such a way that there were bleachers erected around the show floor. The plaintiff and her husband were sitting in the bleachers on the northeast side. During the auction, she left her seat to go the restroom.

the-horse-1439653-m.jpgIn order to get to the restroom, the plaintiff had to walk down an alley created at the northeast end of the arena between the bleachers. This is the same alley that the horses were led down after they were sold. While returning from the restroom, the plaintiff tripped and fell to the ground. At this point, an employee opened a door overhead that caused a horse to become startled.

The startled horse trampled the plaintiff, and she was very seriously injured. The plaintiff sued the defendant for personal injury, claiming that the show presenter was negligent for arranging the seats in such a way that people had to walk down the same alley as the horses. Additionally, she alleged the worker’s negligent opening of the door that startled the horses.

Our Boston personal injury lawyers know that companies often do whatever they can to get a case dismissed.
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Our Boston personal injury lawyers know rules of evidence can lead to complex litigation.

pistol-443691-m.jpgIn Lee v. Smith & Wesson Corporation, the plaintiff was injured while shooting target practice with his revolver manufactured by the defendant. The plaintiff fired two shots without incident and, on the third shot, was severely injured when the gun hit him in the eye.

According to the plaintiff’s testimony, the cylinder that holds the bullets swung open after the shot was fired due a manufacturing defect and hit him in the safety glasses. The safety glasses broke, causing significant trauma and loss of vision to his right eye.
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Contact Information
Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
By Appointment Only
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308 Victory Rd
Quincy, MA 02171
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43 Harvard St
Worcester, MA 01609
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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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