Articles Posted in Attorney Marc L. Breakstone

Attorney Marc L. Breakstone’s message to fifth graders in Arlington yesterday? Ride safe.

Breakstone, White & Gluck kicked off our 2017 Project KidSafe campaign yesterday, donating 50 helmets to Peirce Elementary School in Arlington.  Attorney Breakstone participated in a bike safety training led by Richard Fries, executive director of MassBike. Helmets were distributed to children who needed one after the training.

Boston Attorney Marc BreakstoneAttorney Marc L. Breakstone was quoted as a legal expert in a Boston Herald article titled “In Driver’s Seat With Insurance” (March 31, 2017). NuTonomy, the self-driving car company now testing its hands-free technology in Boston, has taken out a $5 million insurance policy to guard against lawsuits. Earlier this month, a self-driving Uber vehicle was involved in a car accident in Tempe, Arizona. Police found the Uber vehicle was traveling at 38 mph, below the speed limit, when the collision occurred and was not at fault. While there were no serious injuries, the accident has raised concerns.

Attorney Breakstone was asked whether the City of Boston could be held liable if there is an accident involving NuTonomy. He said no, but read his full answer.

Attorney Reza Breakstone has written on the topic of self-driving cars and the legal questions they raise. In 2016, he co-wrote an article titled, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” for The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California.

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Breakstone, White & Gluck has received the Nancy King Award for its 100 percent participation in last year’s annual Walk to the Hill for Civil Legal Aid.

The Equal Justice Coalition, which organizes the annual Walk, recently presented our firm with the award. Attorneys Marc L. Breakstone, David W. WhitIMG_6756e, Ronald E. Gluck and Reza Breakstone participated last year.

The Walk was held on January 28, 2016 at the State House in Boston. Hundreds of attorneys gathered in the Great Hall to hear from Chief Justice Ralph Gants of the Supreme Judicial Court and Attorney General Maura Healey. Several past presidents of the Massachusetts Bar Association participated, including Attorney David W. White, who served a term from 2007-2008.

The attorneys were then dispatched to speak to state Senators and Representatives and urge them to fund the Massachusetts Legal Assistance Corporation line in the Fiscal Year 2017 state budget.
Last year’s campaign was successful, which should provide good motivation for even more attorneys to attend again this year. Governor Charlie Baker approved $18 million in funding for civil legal aid in the final Fiscal Year 2017 Budget of the Commonwealth. This was a $1 million increase over the prior year’s funding.

With the additional funding, the Massachusetts Legal Assistance Corporation was able to help more low-income people facing homelessness, domestic violence, gain access to health care and other legal services.

To qualify for civil legal aid in Massachusetts, a family must earn no more than 125 percent of the Federal Poverty Level (or $30,375 a year for a family of four). Despite the increase, the Equal Justice Coalition reports that legal aid organizations are still forced to turn away 64 percent of those eligible because of a lack of funding.

The Equal Justice Coalition has released a Fiscal Year 2018 fact sheet. This year, MLAC is seeking a $5 million increase for civil legal aid. To learn more about the event, visit http://equaljusticecoalition.org/.

2016 Walk to the Hill Attendance awards were recently presented to these firms:

• Nancy King Award: Breakstone, White & Gluck (highest percentage of attorneys participating)
• Highest Participation Award: WilmerHale
• Exceptional Support Awards: Foley Hoag and Ropes & Gray

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Attorney Marc L. Breakstone was quoted in a front-page Massachusetts Lawyers Weekly article about common law liability for injuries caused by sidewalk defects. The current common-law standard dates back centuries and prohibits many plaintiffs from recovering compensation for injuries. But a recent Appeals Court ruling may have finally set the stage for change.

Attorney Breakstone welcomes the idea. “I think that the common law is a living body of principles that has to evolve as social conditions and the realities of life evolve,” he said.

20161128_sidewalkdefectEarlier this month, the Appeals Court ruled in the case of Halbach, et al. v. Normandy Real Estate Partners, et al., concurring that a Superior Court judge had correctly granted summary judgment to the defendant, 100 & 200 Clarendon LLC, which operated, leased and maintained the John Hancock Tower and a neighboring garage in Boston.

Congratulations to attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck for being selected to the 2016 Super Lawyers lists. This is the 13th year our firm has been recognized by Super Lawyers for being among the best in New England at obtaining justice for those who have been injured by negligence in personal injury and medical malpractice cases.. Together, our three partners have over 100 years combined experience practicing law in Massachusetts. Here is how they were honored:

Attorney Marc L. Breakstone
Boston Attorney Marc BreakstoneCongratulations to Attorney Breakstone who was named a Top 100 New England Super Lawyer and a Top 100 Massachusetts Super Lawyer for 2016. Attorney Breakstone specializes in representing plaintiffs in medical malpractice and personal injury cases and has practiced in Boston for 30 years. For the 13th year, Attorney Breakstone was also recognized as as a Massachusetts Super Lawyer in the area of medical malpractice for plaintiffs (2004-2016). This is his 10th year on the Top 100 Massachusetts Super Lawyers list. He was selected as a Top 100 New England Super Lawyer for the fifth time.

Attorney David W. White
david-150-2Congratulations to Attorney David W. White, who was named a 2016 Massachusetts Super Lawyer in the area of personal injury, plaintiff representation. This is the 13th year he has been recognized for excellence among Massachusetts and New England lawyers. Attorney White has been selected to the Top 100 New England Super Lawyers list three times and to the Top 100 Massachusetts Super Lawyers list seven times.

Attorney White is a past president of the Massachusetts Bar Association and has practiced law in Boston for over 30 years. He has distinguished himself for his advocacy on behalf of his clients and his leadership among Massachusetts lawyers. Attorney White represents clients in all types of personal injury and insurance cases, including bicycle accidents, pedestrian accidents, motor vehicle accidents, product liability and dog bite cases.

Attorney Ronald E. Gluck
gluck_150Congratulations to Attorney Ronald E. Gluck, who was named a 2016 Massachusetts Super Lawyer in the area of personal injury, plaintiff representation. Attorney Gluck has been consistently recognized for excellence by Super Lawyers for 11 years. Attorney Gluck has practiced law in Boston for over 35 years and specializes in handling cases involving pedestrian accidents, bicycle accidents, motor vehicle accidents and motorcycle accidents.

About Super Lawyers
Super Lawyers is a multiphase selection process which rates attorneys in every state. The top 5 percent of attorneys are selected to Super Lawyers lists.

How the process works: Peer nominations and evaluations are combined with independent research by Super Lawyers, which is part of the Thomson Reuters company. Lawyers are evaluated on 12 indicators of peer recognition and professional achievement on an annual, state-by-state basis. The company’s objective is to create a credible, comprehensive and diverse listing of outstanding attorneys which can be used as a resource for other attorneys and consumers searching for legal counsel.

Super Lawyers listings are printed annually in Boston Magazine and are available on the Super Lawyers website. Continue reading

Breakstone, White & Gluck has completed its 2016 Project KidSafe campaign, donating nearly 5,000 helmets to children in Massachusetts this year. With help from local bicycle committees, police departments, schools and community groups, we have now donated more than 10,000 bicycle helmets over four years to help children ride safely.

Our partners, Marc L. Breakstone, David W. White and Ronald E. Gluck, thank everyone who has helped us and embraced our goal: to keep children and families safe and encourage them to wear a helmet every time they ride to prevent serious head injuries.

Read More About Our 2016 Donations:
2016 Project KidSafe Campaign Wrap-Up
2016 Local Bicycle Committee Donations
2016 Police Department Donations
2016 School Donations

Our Partners:
Boston Bikes, Roll It Forward
CYCLE Kids
Bikes Not Bombs
Arlington iCan Shine Camp
Arlington Bicycle Advisory Committee
Ashland Farmers Market
Bicyclecentro of East Boston
Bike Milton
Commonwheels Bicycle Collective
Dedham Bike Rodeo
East Arlington Livable Streets Coalition
Easthampton Healthy Youth Coalition
Framingham Bicycle and Pedestrian Advisory Committee
Friends of Lexington Bikeways
Groundwork Somerville
Haynes Early Education Center in Roxbury
Massachusetts Safe Routes to School
Northbridge Public Schools
Somerville Kiwanis Club
Somerville Public Schools
The Home for Little Wanderers
Tierney Learning Center of South Boston
Up Academy Dorchester
Watertown Bicycle and Pedestrian Committee
Westborough Bicycle and Pedestrian Advisory Committee
Westwood Pedestrian and Bicycle Safety Committee
Windsor Street Care Center of Cambridge
Worcester Earn-a-Bike

Our Police Department Partners:
Cambridge Police
Dedham Police
Everett Police
Randolph Police
Norwood Police
Waltham Police
Marlborough Police
Malden Police
Tewksbury Police
Somerville Police
Framingham Police
Lexington Police

Cycling Clubs and Bicycle Organizations:
We were also pleased to support safe riding in other ways, by sponsoring the Boston Cyclists Union, MassBike, Northeast Bicycle Club, Charles River Wheelmen, New England Mountain Bike Association (NEMBA), CYCLE Kids and Bikes Not Bombs. We are also sponsoring the Boston Bikes #BeBrilliant campaign again in 2016.

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Entourage Livery Service limousine

The tragic limousine accident in East Boston on August 21, 2016, in which one woman was killed and one woman was injured, is not the first serious accident involving the Entourage Livery service. Although Entourage Livery’s general manager issued a statement claiming, “We have been in the business since 1999, with no accidents ever on our record,” the company has actually been involved in at least one previous serious accident.

In 2012, Entourage Livery was found liable for a March 2010 accident. In that case the driver negligently discharged his limousine passengers across the street from their destination in a driving rain.

One young woman was seriously hurt when she was struck by a car as she attempted to cross the street. The case was handled by attorney Marc L. Breakstone of Breakstone, White & Gluck. The client recovered $697,000 for her damages. The following is a summary of that case.

In March 2010, our client, a 25-year-old woman, was a member of a bachelorette party that rented a limousine from Entourage Livery, Inc. for a night of barhopping and celebration. The group had purchased a “VIP Package” which entitled them to door-to-door service. At the time of the incident, the air temperature was in the mid-thirties. There was a wind-driven rain blowing at about 25 miles per hour. None of the women had rain gear, jackets or umbrellas, as they had expected door-to-door service. Immediately prior to the incident, the Entourage Livery, Inc. limo driver deposited the group across the street from the bar to which they were going. Each of the women got out of the limo and darted across Dorchester Avenue.

CarPlaintiff was the sixth woman to run across the street. Unfortunately, she did not make it. She was struck by a car driven by the co-defendant as she ran across Dorchester Avenue. She sustained massive facial lacerations as her head struck the windshield of the vehicle.

Plaintiff testified she looked but did not see the vehicle until her face was planted in its windshield. The driver testified he never saw plaintiff in the roadway until she was on his hood. Neither saw the other due to the severe weather and poor visibility at the time of the crash.

Plaintiff suffered severe facial lacerations to her mouth, chin and cheeks. Miraculously, she only suffered a non-displaced tibial fracture which required no treatment. She underwent three laceration repair/scar revision surgeries and was left with moderate facial scarring.

Entourage Livery, Inc. had an online training manual which stated that its drivers were never allowed to drop passengers in a place which would require them to cross the street to get to their destination. The manual stated that the driver should maneuver the vehicle so that passengers were dropped directly in front of their desired venue. Entourage Livery, Inc. claimed this was a customer service rule, not a safety policy.

Entourage Livery, Inc. moved for Summary Judgment on the theory that the company owed plaintiff no duty of care once she was discharged in a “place of safety,” namely, on the sidewalk across the street from their destination. The Court denied Entourage Livery, Inc.’s motion for Summary Judgment.

Plaintiff and Entourage Livery, Inc. agreed to submit the case to binding arbitration. Plaintiff settled separately with co-defendant operator of the vehicle which struck her for $25,000.00. Following a one-day arbitration which focused heavily on Entourage Livery’s legal defenses on scope and duty of care, the arbitrator found for the plaintiff, awarded $750,000 and reduced that amount by the 20% for plaintiff’s comparative negligence. Prior to the arbitration, the parties negotiated interest of 12% on the award. After adjustments for plaintiff’s comparative negligence and the 12% interest, the award totaled $672,000. Plaintiff’s net recovery totaled $697,000.

Read the case report on our website.

About Attorney Marc Breakstone
Boston Attorney Marc BreakstoneMarc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in New England. His record-setting settlements and verdicts have earned him the distinction of being selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. He has also been selected by his peers as one of the top medical malpractice plaintiff’s lawyers in the Super Lawyer balloting. In 2002, Attorney Breakstone was honored as one of ten “Lawyers of the Year” by Massachusetts Lawyers Weekly. More on Marc Breakstone.

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breakstone_150Attorney Marc Breakstone recently reached a $1.375 million settlement for a 77-year-old man who was struck by an MBTA bus while crossing Dudley Street in Roxbury. The plaintiff suffered a traumatic brain injury and multiple bone fractures. Even after two months of hospital and rehabilitation, he showed significant cognitive decline. Prior to the bus accident, the plaintiff had been a healthy, vibrant retired master barber.

The on-board video showed that the plaintiff was visible to the operator of the bus for at least three seconds before the driver took any evasive action to avoid striking the plaintiff. Analysis of the video also showed the bus was traveling above the speed limit.

Further, the bus driver reported to the MBTA Police that the pedestrian had run out from between parked cars. The video made clear that plaintiff stepped off the corner into the street and did not walk between parked cars. The video also demonstrated that he was not running.

The case was settled at mediation in May 2016 and later reported in Massachusetts Lawyers Weekly. Read the case report.

Our Experience: One of the Largest Bus Accident Verdicts in Massachusetts
The attorneys of Breakstone, White & Gluck have over 100 years combined experience representing those who have been injured by the negligence of others in car, truck and bus accidents. Bus accident cases are complex and many attorneys do not have experience investigating these cases or representing those who have been injured or killed. But our attorneys have this unique experience; we have handled motor vehicle and bus accident cases from the insurance claims level through trial and appeal.

Many cases can be settled prior to trial, but not every case. In 2008, Attorney Marc Breakstone took a client’s case against the MBTA to Suffolk Superior Court. After a two-week trial, his client was awarded $5.4 million, including interest. It was believed to be one of the largest verdicts ever in Massachusetts for an injury of its kind.

The MBTA filed a motion for a new trial and was denied. It then appealed the case. The state’s Appeals Court affirmed the judgment and the Supreme Judicial Court denied a petition for further review. By the time the MBTA had exhausted its options, the judgment rose to $7.1 million, with interest and medical expenses and lost earning capacity. Read about this case.

About Attorney Marc Breakstone
Marc L. Breakstone has established a reputation as one of the top medical malpractice and personal injury lawyers in New England. His record-setting settlements and verdicts have earned him the distinction of being selected as one of the Top 100 Super Lawyers in New England and Top 100 Super Lawyers in Massachusetts. He has also been selected by his peers as one of the top medical malpractice plaintiff’s lawyers in the Super Lawyer balloting. In 2002, Attorney Breakstone was honored as one of ten “Lawyers of the Year” by Massachusetts Lawyers WeeklyMore on Marc Breakstone.

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A truck and a motorcycle after a fatal accident in West Bridgewater, MassachusettsAttorney Marc Breakstone recently settled a wrongful death case for the family of a motorcyclist for $3.5 million. The case was settled in March 2016.

The motorcyclist was tragically killed by a waste disposal truck in West Bridgewater in 2013. The truck, which was being operated by a subcontractor, pulled out across the road in the path of the motorcyclist. The motorcyclist applied the brakes and laid down his motorcycle, attempting to avoid the collision and struck the defendant’s truck at less than 5 mph.

The motorcyclist continued to roll under the truck. The truck driver did not see him and ran the rear tires over his body, killing him.

Attorney Marc Breakstone visited Somerville yesterday to help distribute new bicycle helmets to fifth-graders. But first he wanted to talk about their commitment to bicycle safety. “Is everyone ready to take a pledge?” he asked.

Click the video to watch: