Articles Posted in Attorney Marc L. Breakstone

By Marc L. Breakstone
As published in the November 2019 edition of MATA Journal, a publication of the Massachusetts Academy of Trial Attorneys.

Marc L. Breakstone

Marc L. Breakstone

There is no better way to prove liability in a negligence lawsuit than through the defendant’s own admissions. The groundwork starts with your interrogatories, which inquire about the facts surrounding the occurrence.

The best opportunity to obtain admissions comes at the deposition of the defendant or its 30(b)(6) designee. With a corporate defendant, your first deponent should be the person most knowledgeable regarding the safety practices and procedures of the defendant.

Early in the deposition ask: “Is safety is your highest priority?” If the answer is “yes,” great. If the answer is “no,” even better (find out what is!).

Human nature is such that every defendant will present themselves as extremely safety conscious. You should hand them enough rope to tie themselves as highly up the safety pole as possible.

Next ask defendant (or its designee), “What are the precautions that should be taken in the context of the occurrence in your case?” Depending on the type of case, ask specifically what it means to drive defensively, to maintain a restaurant floor in a safe condition, to safeguard floor openings at a construction site, to guard pinch points on a machine, or to enter the abdomen with a laparoscopic trocar so as to avoid injury to other structures.

Come into the deposition with your own list of precautions to be followed under the circumstances, so when the defendant runs out of ideas, you can coax additional admissions.

For example, in a car crash case, ask the defendant what it means to drive defensively. Does defensive driving mean paying attention to the roadway at all times, seeing what can be seen, following at a safe distance, anticipating the actions of other, driving at a safe speed under the conditions? Ask the defendant if she follows these rules at all times.

Your objective should be to elicit a list of precautions that a safety conscious party must follow when performing the function involved in your case. Make sure your list addresses every negligent act or omission by defendant.

Once you have your safety checklist, ask the defendant specifically what she did in this case. Drill down to get as many specific factual admissions as you can. Don’t bother asking the defendant to self-judge whether she met her own safety standards. That is for the jury at trial. What you will find is that the defendant’s conduct did not measure up to the high safety standards that she proudly admitted adherence to at the start of the deposition.

If properly done, your deposition may relieve you of the need for an expert witness at trial to testify regarding defendant’s breach of their safety responsibilities.

Read the PDF version.

The MATA Journal is published as a supplement to Massachusetts Lawyers Weekly.


Marc L. Breakstone is a principal of Breakstone, White & Gluck, P.C. in Boston, where he concentrates in representing plaintiffs in serious personal injury and medical malpractice cases.

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It is our pleasure to announce that Super Lawyers has recognized Breakstone, White & Gluck in its 2019 rankings. This was the 16th year our attorneys have been recognized.

Marc L. BreakstoneMarc L. Breakstone has been selected to the Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and the 2019 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

DW-250David W. White has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney White has previously been selected to the Top 100 Massachusetts Super Lawers seven times and to the Top 100 New England Super Lawyers  three times.

Ronald E. GluckRonald E. Gluck has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. 

Super Lawyers is a rating service which highlights outstanding lawyers from more than 70 practice areas. Selections are made using a multiphase process, including a statewide survey of lawyers, independent research and evaluation and peer reviews from within a practice area. 

Super Lawyers recognizes the top 5 percent of lawyers from that process. Another 2.5 percent of attorneys are selected to the Rising Stars list, which showcases talented attorneys under age 40. 

About Breakstone, White & Gluck
Over 100 Years Combined Experience in Personal Injury Plaintiff Representation
Breakstone, White & Gluck is respected across Massachusetts for our commitment to our clients and our results.  We have been representing plaintiffs in personal injury and medical malpractice cases as a firm since 1992. Each of our partners has over 30 years of experience.

Our firm is experienced in handling all types of personal injury cases, including those involving catastrophic accidents, wrongful death, motor vehicle accidents, product liability, premises liability, construction accidents, explosions, spinal cord injuries, head injuries and traumatic brain injuries. Our attorneys are regularly interviewed in the local media for their expertise in these specialties and Massachusetts insurance laws.

We have always been active in the Massachusetts legal community and are dedicated to sharing our knowledge with other attorneys through continuing legal education and professional organizations. Attorney Marc L. Breakstone and Attorney Ronald E. Gluck serve on the Board of Trustees for the Massachusetts Academy of Trial Attorneys (MATA), while Attorney David W. White is a past president of the Massachusetts Bar Association. We are also committed to giving back and working to prevent injuries. Through our Project KidSafe campaign, our attorneys have given away more than 25,000 free bicycle helmets to children across the state of Massachusetts. 

We invite you to visit our website to read about our work and watch testimonials from past clients.

Free Legal Consultation – Breakstone, White & Gluck

If you have been injured, you should speak to an experienced Boston personal injury lawyer and learn your legal rights for seeking financial compensation. For a free consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Marc L. Breakstone

Attorney Marc L. Breakstone has settled a wrongful death case involving a crash at a shopping plaza which failed to protect pedestrians. He has settled the case for the victim’s family for $2.15 million.

The settlement is a reminder that retail property owners have a responsibility to take adequate steps to protect customers and other pedestrians in Massachusetts.

Our client was a 73-year-old man who was killed in 2015. That November, he had been leaving a store with a friend and was hit and killed by an 87-year-old driver. The driver had suddenly and unexpectedly accelerated through the parking lot and onto the sidewalk. Our client died immediately from his injuries, while his friend and another pedestrian were also injured.

Attorney Breakstone conducted a thorough investigation into the crash, which was captured on multiple surveillance cameras. Evidence suggested the elderly driver hit the accelerator instead of the brake.

As his investigation developed, Attorney Breakstone determined the owner of the shopping plaza had failed to provide adequate protections for pedestrians in the spot where our client was killed. This was significant because the owner had taken care to set up protections in other areas. Over the years, more than 30 bollards had been placed at the rear and side of the shopping building. Bollards had also been installed in front of another retail store, but not where the accident occurred.

Had the case gone to trial, Attorney Breakstone was prepared to call an engineering expert to testify that this was a breach of industry standards for providing safe walkways.

Read more about this case on our website.

About Attorney Marc L. Breakstone
Attorney Breakstone has established a reputation as one of the top personal injury lawyers in Massachusetts and New England.  He has been recognized as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and a Massachusetts Super Lawyer in Plaintiff’s Medical Malpractice. Read his bio.

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From left: Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney David W. White of Breakstone, White & Gluck, a Boston law firm specializing in personal injury and medical malpractice.

From left: Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney David W. White of Breakstone, White & Gluck. Our Boston law firm specializes in personal injury and medical malpractice representation for plaintiffs.

Breakstone, White & Gluck today announces that Attorney Marc L. Breakstone, Attorney David W. White and Attorney Ronald E. Gluck have earned rankings in The Best Lawyers in America© 2020. This marks the 10th year our personal injury attorneys have been recognized for our results for clients in the Boston area.

Best Lawyers© is the oldest and most respected attorney ranking service in the world, publishing its attorney listings in partnership with U.S. News & World Report and other media partners. The rankings are intended to help those who need legal services identify highly respected attorneys.

Best Lawyers© recognizes lawyers through a peer-review process. Members of the public, clients and other attorneys first provide nominations. Attorneys are then asked to evaluate other attorneys on their legal abilities in their practice areas.

Marc L. Breakstone was selected for recognition in the specialties of Personal Injury Litigation – Plaintiffs, Medical Malpractice Law – Plaintiffs, and Professional Malpractice Law – Plaintiffs.

David W. White was selected for recognition in the specialties of Personal Injury Litigation – Plaintiffs, Insurance Law and Medical Malpractice Law – Plaintiffs.

Ronald E. Gluck was selected for recognition in the specialty of Personal Injury Litigation – Plaintiffs.

About Breakstone, White & Gluck

Founded in 1992, Breakstone, White & Gluck has earned a reputation for superb results for our clients.  With more than 100 years combined experience, our attorneys have won leading verdicts and settlements in negligence, medical malpractice, product liability and construction accident cases. We represent clients in Boston, Cambridge and surrounding communities, and across Massachusetts.

Recognition
Attorney Breakstone, Attorney White and Attorney Gluck have been consistently recognized individually and as a firm. For the past 15 years, Super Lawyers has featured our attorneys in its annual rankings published in Boston Magazine. Our attorneys have also received selection to the Top 100 New England Super Lawyers and the Top 100 Massachusetts Super Lawyers.

Personal Injury Experience

Breakstone, White & Gluck is committed to assisting individuals and families who have suffered catastrophic injuries or death as a result of someone else’s negligence. Our attorneys provide representation after injuries arising from motor vehicle accidents, transportation accidents, construction accidents, premises liability accidents, defective products and dog bites, along with other injuries. Our partners have practiced together for nearly 30 years – and each has more than 35 years of experience handling personal injury and medical malpractice cases in Massachusetts.

Read about our personal injury case results for clients.

Car Accidents and Transportation Accidents

Car accidents are one area of our expertise. Breakstone, White & Gluck represents those injured in all types of motor vehicle accidents, including car accidents, pedestrian accidents, bicycle accidents, motorcycle crashes and large truck collisions. Our attorneys are highly experienced in investigating cases involving drunk driving injuries and time and again, have held drivers, restaurants and bars responsible for the injuries they have caused. Our car accident case results for clients.

The firm offers special expertise in handling cases involving pedestrian injuries in MBTA bus accidents and subway accidents. Our MBTA bus accident case results for clients.

Medical Malpractice Experience

Breakstone, White & Gluck has represented hundreds of clients who have suffered catastrophic injuries as a result of medical malpractice, at the doctor’s office, hospital, nursing home or in an ambulance. When medical malpractice leads to death, we represent families who have lost loved ones in wrongful death claims, pursuing answers about what happened, then obtaining compensation to help cope with emotional, physical and financial losses. Our attorneys’ medical malpractice awards for clients.

Construction Accident Experience

Our attorneys are known for their thorough and skilled investigation of construction accidents as well as our aggressive pursuit of the best financial reward for our clients and their families. When accidents happen, construction companies sometimes maneuver to limit or avoid financial responsibility. Our attorneys have stopped companies from taking these deceptive steps to protect the best interests our clients. Read about our work, including our $7.5 million settlement for the victim of a fatal propane gas explosion on a condo construction site and our $1.375 million settlement for a family who lost a son in a crane collapse.

Boston Personal Injury Lawyers – Free Legal Consultation

If you or a loved one has been injured, learn your legal rights for seeking compensation for your medical expenses, lost wages and pain and suffering. For a free legal consultation, contact Breakstone, White & Gluck today at 800-379-1244 or 617-723-7676 or use our contact form. You can also learn more about our work from our past clients.

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Attorney Marc L. Breakstone

Attorney Marc L. Breakstone was interviewed this past weekend about the civil and criminal cases against actor Kevin Spacey. Breakstone said the accuser’s decision to withdraw the civil lawsuit “with prejudice” is extremely significant.

“This will never be refiled,” Breakstone told The Boston Globe. “This claim is now extinguished for all time.”

The accuser, who is the son of former Boston television anchor Heather Unruh, just filed the civil lawsuit in Nantucket Superior Court on June 26. Breakstone said the withdrawal of the civil lawsuit could mean Spacey has reached a settlement with the accuser. If there is such an agreement, Breakstone said, there will likely be confidentially requirement to keep the details private and out of public view.

Spacey and his legal team are scheduled to return to Nantucket District Court this morning for a hearing in the criminal case. Breakstone said withdrawal of the civil lawsuit could jeopardize the criminal proceedings, but prosecutors interviewed by The Boston Globe insisted the civil case will not affect the criminal proceedings.

Kevin Spacey is a two-time Oscar winner best known for his role on “House of Cards,” a Netflix production. He played the character of Frank Underwood from 2013 through 2017, when he was charged with indecent assault and battery in Nantucket. Netflix kept producing the show, but cut ties with Spacey.

Spacey is accused of indecent assault and battery on Unruh’s son in July 2016 at Nantucket’s Club Car Restaurant.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those injured by the negligence and wrongdoing of others. If you have been injured, learn your rights. For a free legal consultation, 800-379-1244 or 617-723-7676. You can also use our contact form.

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Breakstone, White & Gluck was proud to support bicycle safety during Bay State Bike Week and Bike Month again in 2019. All three of our partners – Attorney David W. White, Attorney Marc L. Breakstone and Attorney Ronald E. Gluck – participated, giving away bicycle helmets as part of our Project KidSafe campaign. Our goal: to encourage children to wear bicycle helmets at all times to protect against head injuries. Now in our seventh year, Breakstone, White & Gluck has donated over 25,000 bicycle helmets to children in Massachusetts.

Boston Bike to Work Day

Attorney David W. White and Attorney Marc L. Breakstone were back on Boston City Hall Plaza on May 17th, as Boston celebrated Bike to Work Day. This was our 5th year out on City Hall Plaza during Bike Week. Attorney White fitted about 70 helmets for cyclists over two hours and we got a special surprise – getting to meet Tim Wakefield! He was nice enough to sign one of our Project KidSafe helmets. We also got to visit with other friends, including Lee Toma of Bike Milton and Galen Mook, executive director of MassBike.

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Attorney David W. White and Attorney Marc L. Breakstone with Tim Wakefield, World Series Champion Pitcher for the Red Sox ’04 and ’07. Now NESN studio analyst for the Red Sox. Boston Bike to Work Day, May 17, 2019.

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Attorney David W. White (center) with Lee Toma of Bike Milton (left) and Galen Mook, executive director of Mass Bike (right). Boston Bike to Work Day, May 17th, 2019.

Our reminder to cyclists: Inspect your helmet regularly to make sure it’s in riding condition. As a rule, replace your helmet at least once every three years; you may need to do this sooner, especially if you ride every day. And always replace your helmet immediately if you are involved in a bicycle accident or fall. Please visit this website for more bicycle helmet safety tips.

Cambridge Police Department

Breakstone, White & Gluck was pleased to donate 200 bicycle helmets to the Cambridge Police Department for the fourth year. Attorney David W. White and Attorney Ronald E. Gluck recently visited with Cambridge police officers who work to educate the public about bicycle safety laws on a daily basis. The City of Cambridge works to promote bicycle safety and has been recognized as a Gold-Level Bicycle Friendly Community by the League of American Bicyclists. More than 100 Cambridge police officers – or more than one third of the city’s 282 sworn in officers – have been trained on bike patrol to help keep roads safe.

The City of Cambridge announced our donation during Bay State Bike Week.

Quincy Police Department

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Attorney David W. White with Quincy police officers. From left, Officer Greg Mar, Lt. Robert Bina, Officer Matthew Miller and Officer Greg Hartnett.

For the third year, Breakstone, White & Gluck is pleased to partner with the Quincy Police Department to encourage bike safety in the city. Quincy Police announced our donation of 200 bicycle helmets during Bay State Bike Week. Officers will use the helmets to benefit children through community programming. Each year, some of the helmets are given away through programs such as the annual DARE camp for 5th graders. Other helmets are given away at smaller gatherings, such as Coffee with a Cop, a program that allows residents to meet police officers and share their concerns and questions in an informal setting. Read the announcement on the Quincy Police Department website.

Everett Police Donation 2019

For the fourth year, Breakstone, White & Gluck donated more than 100 children’s bicycle helmets to the Everett Police Department. Officers gave away the helmets free to children and families at the Kids to Park Day at the Swan Street Park on May 18th.

About Breakstone, White & Gluck – Boston Personal Injury Lawyers

Breakstone, White & Gluck has been recognized as one of the best personal injury law firms in Boston, by our clients, other lawyers and attorney rating services, such as Super Lawyers, U.S. News Best Lawyers and Martindale-Hubbell. Our attorneys have also been recognized for our Project KidSafe campaign by the League of American Bicyclists, which has named Breakstone, White & Gluck a Silver Level Bicycle Friendly Business. This is a special recognition. Just 36 businesses have been earned recognition in Massachusetts and just two law firms across New England.

We have also been recognized by the City of Boston, where we have donated helmets to various programs, including Boston Bike to Work Day, along with Boston Bikes’ Roll It Forward, Boston Bikes’ youth instruction programs and the Boston Police Department. Attorney David W. White has volunteered his time fitting helmets and Boston Bikes has recognized him as a Volunteer of the Year.

Breakstone, White & Gluck specializes in all areas of personal injury law. We hope you are never injured, but if you are, it is important to learn your legal rights for seeking compensation. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Attorney Marc L. Breakstone recently authored an article which appears in the May 2019 edition of MATA Journal. The journal is published by the Massachusetts Academy of Trial Attorneys.


Assessing bias in voir dire after ‘Williams’

By Marc L. Breakstone

Attorney Marc L. Breakstone

Attorney Marc L. Breakstone

The recent Supreme Judicial Court decision in Commonwealth v. Williams, 481 Mass. 443 (2019), generated quite a buzz on the MATA Listserv. Members questioned the significance of the decision, which analyzes how a potential juror should be screened for impartiality.

The opinion suggests that, regardless of the biased opinions or beliefs expressed by a potential juror during voir dire, the juror could be deemed impartial as long as the juror pledges to either set aside or disregard their opinion, to commit to deciding the case on the evidence and to follow the court’s instructions.

Williams meticulously analyzes how trial judges should determine impartiality when a prospective juror expresses potentially interfering bias during jury selection. The majority begins with the acknowledgment that “[o]ur jurisprudence regarding how to assess beliefs or opinions expressed by prospective jurors during voir dire has been less than clear.” The opinion then promises to “set forth factors that a judge should consider when a prospective juror discloses a belief or opinion based on his or her world view.” Clarity on these important subjects is what every trial lawyer seeks.

Unfortunately, Williams raises more questions than it answers. The defendant in Williams was charged with possession with intent to distribute a class B substance. During jury selection, a prospective juror raised her hand in response to a question whether there was “anything about the subject matter or your views about the subject matter that would affect your ability to be fair and impartial in deciding the case?”

During judge-conducted voir dire, the juror stated a belief that the criminal justice system is rigged against young African American males. When asked by the judge if she could put aside that opinion and bias, the juror stated she did not think she could put it aside.

Continue reading this article in the MATA Journal. The article begins on page 2.


Attorney Marc L. Breakstone

Attorney Marc L. Breakstone has practiced law in Boston for more than 30 years and focuses on the representation of plaintiffs in personal injury and medical malpractice cases. He has long advocated for expanded attorney participation in voir dire in Massachusetts.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing clients who have been injured by the negligence and wrongdoing of others in Massachusetts. If you have been injured or have lost a loved one, it is critical to learn your rights. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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Attorney Marc L. Breakstone, who is representing a family who lost a loved one in the Lynnway Auto Auction crash, speaks to WHDH TV in Boston. Watch.

Attorney Marc L. Breakstone was interviewed by WHDH TV yesterday, following the announcement that the Lynnway Auto Auction, Inc. and company president James Lamb will each face five counts of manslaughter in the 2017 crash killing five people. Breakstone is representing one of the families who lost a loved one.

“This goes beyond normal everyday negligence,” he said. “This was gross negligence that created a dangerous environment for employees and others at the auction.”

Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.

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Attorney Marc L. Breakstone

Attorney Marc L. Breakstone was interviewed by WBZ NewsRadio this morning about his client’s plans to file a wrongful death lawsuit against Columbia Gas and parent company NiSource. Attorney Breakstone is representing the family of Kenneth DeVeau, a North Andover man who suffered injuries when he was evacuated and later died from complications.

Listen to the 60-second clip below or read the full article on the WBZ NewsRadio website. You can also listen to this audio clip on the WBZ NewsRadio website.

Source: Audio news clip is courtesy of WBZ NewsRadio.

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