Articles Tagged with Personal Injury

While this winter started off pretty mild, it has certainly turned cold across much of the New England area, including Boston.  With snowstorms and ice storms knocking out power throughout the Commonwealth of Massachusetts, safety officials fear the worst as people are turning to alternative means to heat their homes, including wood stoves, space heaters and generators.

smoke-alarm-1420153-300x225The reason for the fear is that these devices, while they may heat the home, present a major risk for carbon monoxide poisoning, which can cause serious personal injury or death.  According to a recent news article from Wicked Local Franklin, firefighters in Massachusetts have already had to respond to a number of carbon monoxide calls where they needed to ventilate the buildings and make them safe again for residents.  Luckily, there were no injuries in these cases, and there were carbon monoxide detectors that were able to warn the residents, so they could call the fire department in time. Continue reading

In Ketler v. PFPA, LLC, a case from the Supreme Court of Delaware, the plaintiff claimed he was injured while working out at fitness center owned by the defendant. Plaintiff claimed that his injuries were caused while using defendant’s fitness equipment and were the result of negligence on behalf of defendant and its employees.

952313_gavelHowever, defendant filed a motion for summary judgment, asking that the case be dismissed. The basis for a motion for summary judgment is essentially that a plaintiff has failed to state a claim for which relief can be granted and that there is no genuine issue of material fact. In other words, defendant is saying that, even if you believe everything plaintiff has claimed in his complaint, defendant is not liable for the injuries allegedly caused to plaintiff. Continue reading

A couple of weeks ago, it was reported that a United States Secret Service advance team was in the New England area preparing for an upcoming visit from presidential hopeful Hillary Clinton when their vehicle was hit by another driver in a head-on collision. Basically, everyone involved in the accident was seriously injured, and one person was killed.

825017_crash_carAmong the injured was a Secret Service agent who was left paralyzed following the tragic accident. According to a recent news feature from CBS Boston, his fiancé got a call at her Boston home from the 30-year-old agent himself, and he told her that she was the best thing that ever happened to him. He also told her that he can’t feel his legs and that she needed to come get him as soon as possible. Continue reading

Espinoza v. Arkansas Valley Adventures, a case from the United States Court of Appeals for the Tenth Circuit, involved a plaintiff who went on a summer rafting trip. Plaintiff hired a guide to take the family on a whitewater rafting trip in the Colorado Rockies. This trip also involved an overnight camping and rafting adventure through a popular stretch of the river known as Brown’s Canyon.

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When it was time to go on the trip, she arrived at rafting outfitter’s center and met with other participants who had signed up to go whitewater rafting that day. They were all given basic guidance on what they would need to do and were handed release of liability waivers to sign. Continue reading

Sharkey Issaquena Community Hospital v. Anderson, a case from the Supreme Court of Mississippi, involved a patient who had a stroke and was seen at defendant’s emergency room. However, plaintiff contends that hospital did not properly diagnose the stroke and discharged him with instructions to see his primary care physician within three days.

medical-equipment-1342025-mAs a result of not being given immediate treatment for his stroke, he suffered permanent brain injury and nervous system damage, including loss of function, loss of enjoyment of life, medical bills, and pain and suffering. There were also special damages alleged as part of plaintiff’s action. Continue reading

Harrison v. Roitmanm involved a heavily contested divorce proceeding. As part of his case, husband hired a psychiatrist as an expert to provide a psychiatric analysis of his wife. Even though the doctor had never personally examined or even met plaintiff, the doctor submitted a written report to the judge in which plaintiff was diagnosed with a personality disorder and noted she had serious mental health issues and was not likely to improve.

stethascope1Following this report, plaintiff filed a lawsuit against doctor in which she alleged that doctor committed medical malpractice by making such a negative diagnosis without ever having met plaintiff. She claimed this diagnosis caused her to suffer emotional distress. In this case, it was both negligent infliction of emotional distress and intentional infliction of emotional distress, as well as one claim of civil conspiracy. She claimed that making such a diagnosis without have personally conducted any sort of examination or even reviewing other doctors’ records was a breach of the applicable standard of care for a medical health professional in the psychiatric field. Continue reading

With all the recent gun violence around the world, we have once again been hearing about efforts to increase gun control restrictions in the United States, and we have been hearing from those who oppose gun control. Regardless of one’s personal feelings on gun control, there is no question that guns are a big issue in the country, as well as big business. Even in the Commonwealth of Massachusetts, where there have been substantial gun control laws for many years, there are still many residents who strongly support one’s right to own firearms.

used-pump-action-shotgun-1-1454122There are still many guns sold in our state, and some of those of guns are sold at gun shows held at conference centers and hotels across the Commonwealth. At the shows, buyers can look at guns and firearms-related products, and, if they have a valid Firearms ID card, or FID card, they may purchase certain firearms. While anyone is allowed to show up at these events with their own firearm, assuming they have a permit, they are supposed to not carry around any loaded weapons to prevent a serious personal injury or death. Continue reading

Skydiving is an inherently dangerous activity. People who do this are choosing to jump out of an airplane at a high altitude, so they can experience the rush of freefalling through the air and then being able to float safely to the ground using a nylon parachute. Every year, there are many accidents involving skydivers, though most of them involved broken bones, sprains, and bruises caused by a rougher than expected landing. Deaths do occur, but they are not as commonplace as one might think with an experienced instructor and properly maintained equipment.

parachute-1441018However, regardless of how safe or dangerous one might consider skydiving, anyone who wished to participate through the use of a professional skydiving business is likely required to sign an extensive waiver in which the diver accepts that skydiving is dangerous and disclaims any and all liability on behalf of the business. Continue reading

According to a recent news report from the Washington Post, a third grade student in Baltimore suffered a serious head injury after a fall that occurred in his elementary school. Authorities are still investigating the cause of the accident but say he reported becoming ill shortly before he suffered a fractured skull. It is not even known how or why he fell.

photo_emerging_TBIIt is believed the nine-year-old boy was in the hallway of his school around 1 p.m. when the fall occurred. School officials reported that they found him lying on the floor and called his mother. They told his mother that they were calling an ambulance, and she went to the school to be with her son.   When she arrived, she found her son sitting in a chair with his head slumped over, and he was non-responsive. Continue reading

Spinal injuries can leave victims with a life filled with rehabilitation and physical therapy, and the victim may never be able to fully recover. According to a recent article from Taunton Gazette, one doctor who had previously worked to create a spinal cord injury fund in the Commonwealth of Massachusetts is now asking state legislators to fix a problem with the fund that caused it to run dry.

surgeonsThe fund was meant to get money from traffic fines levied on repeat traffic offenders who were losing their driving licenses. After the bill was signed into law to create and fund the charitable organization, there was a change in the general traffic laws. The change caused people to lose their licenses much earlier in the process, so the funds were not being paid at the right time. As a result of what they are calling a “scrivener’s error,” the spinal injury fund lost $300,000 in funding that had been previously earmarked for it. Continue reading

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