BWG Project KidSafe 2016: 10,000+ Bicycle Helmets Donated to Children

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.

 

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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Attorney Reza Breakstone: As Long as Humans are Part of the Equation, Tort Law Will Apply to Self-Driving Car Claims

We are reprinting a Letter to the Editor which ran in today’s Massachusetts Lawyers Weekly. The letter was written by Attorney Reza Breakstone of Breakstone, White & Gluck in Boston and J. Paul Hoybjerg of Sacramento, California.


reza-breakstone-webTo the editor:

The Oct. 3 page 1 story “PI bar eyes ‘driverless’ technology carefully” raises important questions regarding the future of auto injury claims and the potential impact on tort lawyers.

One of the central questions is: Should all auto injury claims involving a self-driving car be treated as product liability claims? Our contention is no; tort law will be perfectly suited to address claims involving self-driving cars.

Although self-driving cars seem like an imminent reality, they are, in fact, still many years away from hitting the roads en masse. The technology will be phased in like other automatic features on cars. Responsibility for control of vehicles will diminish gradually.

Even after cars become more autonomous, humans will remain involved in many aspects of the operation of the vehicles. For example, there will be times when a person must take over the car or bring it to a stop. One must also keep the car in good condition, not permit operation in adverse weather conditions, and maintain the vehicle according to manufacturer recommendations (i.e., it may be negligent to make after-market changes such as lowering a vehicle or installing a new exhaust or programming chip to increase the speed).

Although product liability claims may be appropriate in certain instances, we are confident that the common law of negligence claims will evolve with the technology. A wholesale transformation of the practice is unnecessary. It is wise to look to trends to predict disruptions in the practice. But the self-driving car need not be that disruptive.

As long as humans are involved in the operation, maintenance, modification or repair of autonomous vehicles, tort jurisprudence will apply.

Reza Breakstone
Boston

J. Paul Hoybjerg
Sacramento, California

Read the Letter to the Editor here or it is available on Massachusetts Lawyers Weekly with subscription access.

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Breakstone, White & Gluck Donates 120 Children’s Bicycle Helmets to Dedham Police and Dedham Bike Rodeo

Breakstone, White & Gluck was pleased to donate 120 children’s bicycle helmets to the Dedham Police Department and the Dedham Bike Rodeo this year. This was our fourth year participating  in the rodeo and Attorney Reza Breakstone was on hand to fit children for new helmets and answer questions about bicycle safety.

20160727-P1130939The Dedham Police Department and the Dedham Parks & Recreation Department organize the annual rodeo, which is always held at the Endicott Estate. We always expect warm weather, but this year was especially hot and we were worried children may not come out. There was no cause for concern. We still had many parents and grandparents bring children, and children from local childcare programs stop in. Attorney Breakstone still fit about 75 children ages 4 to 10 for new bicycle helmets. Dedham police officers will give the rest to children who need one.

Breakstone, White & Gluck donated the bicycle helmets through our Project KidSafe campaign, which has now donated over 10,000 helmets to children in eastern Massachusetts. We started our safety campaign in 2013. The Dedham Bike Rodeo was one of our first events and it is always rewarding to return each year.

bike-safety-pageHow to Fit Your Child’s Bicycle Helmet
If you or your child need help fitting a helmet, we want to share this video. Putting a bicycle helmet on your child is a critical step in protecting them from a serious head injury. By wearing a helmet, cyclists reduce their chance for head injury by 50 percent, according to the Insurance Institute for Highway Safety. Other studies have shown it provides even more protection so it is important for all cyclists to wear one, every time they ride. Read More

DiCarlo: SJC tells Workers’ Comp Insurers: You Can’t Get What You Don’t Pay For

reza-breakstone-web.jpgBy Reza Breakstone

In a major victory for the rights of injured workers, the Supreme Judicial Court ruled today that pain and suffering damages, to which injured workers are entitled in their accident cases, are not subject to liens from workers’ compensation insurance companies. As a result of the ruling, workers will be able to keep more of their personal injury settlements and verdicts.

Until today, there was confusion over the relationship between workers’ compensation liens and damages paid by a third party to employees for worksite injuries. If an employee gets injured, he or she is entitled to workers’ compensation for lost wages, medical bills, and other specific damages. But workers’ compensation insurance does not pay for pain and suffering damages.

If the worker collects workers’ comp, then successfully sues a third party (not his employer) for those injuries, he or she has a duty to reimburse the insurance carrier up to a point. The mechanism to regulate reimbursement to the insurance company is General Laws c. 152, § 15. The statute provides that an employer can recover its workers’ compensation payments to its employee, if that employee recovers money from a third party.

But, as mentioned above, workers’ compensation pays for lost wages and medical expenses. In a tort lawsuit, an injured party is entitled to more than that, including damages for pain and suffering. In the case where an employee simply recovers lost wages and medical expenses from a third party, there is no dispute that that money is returned to the workers’ compensation insurer in the amount that was paid. Any excess, the employee keeps. But, what about when an employee also gets money for pain and suffering? Does the workers’ compensation insurer get that money back, too?

Today, the SJC said, in no uncertain terms, no. They didn’t quite say “you can’t always get what you want.” But, they did say, you get can’t what you don’t pay for. Workers’ compensation does not pay for pain and suffering. So, if an employee gets a recovery that specifically sets aside damages for pain and suffering, that employee keeps that set-aside amount. Anything else is liable to go back to the workers’ compensation insurer for the amount that was paid (minus its fair proportionate share of attorney’s fees and expenses).

The cases were DiCarlo v. Suffolk Constr. Co., SJC docket no. 11854; Martin v. Angelini Plastering, Inc., SJC docket no. 11853 (both decided February 12, 2016).

For a more detailed analysis, click here.
About Breakstone, White & Gluck
The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing motorists, pedestrians and cyclists who have been seriously injured in car accidents. If you have been injured, it is important to learn your rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.

Annual Walk to the Hill for Civil Legal Aid: Lawyers, Advocates Seek $27 Million Budget for Low-Income Services

We joined hundreds of lawyers at the Massachusetts State House Thursday to lobby for increased funding for civil legal aid. We gathered as part of the 17th Annual Walk to the Hill for Civil Legal Aid. Funding is in crisis in Massachusetts, with nearly two-thirds of eligible low-income residents who seek help being turned away.

With an increase, more people will be able to stay in their homes, find shelter and avoid hardship. Please keep reading this blog on the $27 million budget appropriation sought and visit this page to contact your legislator.  

walk to the hill.jpg

Right to Left: Attorney David W. White, Massachusetts Bar Association President (2007-2008), Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney Reza Breakstone at the Annual Walk for Civil Legal Aid on January 28, 2016.


The annual event, sponsored by the Equal Justice Coalition, draws lawyers from across the Commonwealth for a day of lobbying for the Massachusetts Legal Assistance Corporation, which provides legal aid for the poor and underserved.

This year, lawyers asked for the state appropriation for civil legal aid services to be increased from $17 million to $27 million in Fiscal Year 2017. Governor Charlie Baker has proposed $17.17 million, a $170,000 increase.

Lawyers from more than 40 private firms attended this year, along with Attorney General Maura Healey and Chief Justice Ralph Gants of the Supreme Judicial Court, who addressed participants:

“In a few minutes you will meet with legislators and members of their staff to ask them to increase the state appropriation for civil legal services from $17 million to $27 million,” Gants said. “Many will ask you: ‘How can we afford an increase of that size during a challenging budget season?’ And you will answer: ‘How can we afford not to?'” Gants’ comments were published by the Massachusetts Bar Association’s Lawyers E-Journal.

Contact Your State Legislator
Search this website to find your legislator.

Find Out How to Contact Your State Legislator
Once you have the name of your legislator, look up their address on this website or you can do a general Google search.

Post blog note: Our thanks to the Equal Justice Coalition, who later recognized us with the Nancy King Award for the highest percentage of attorneys participating at a firm – 4 out of 4, or 100 percent!

The coalition also recognized: Wilmer Hale for having the most attorneys participate and Ropes & Gray and Foley Hoag with exceptional support awards. Sally & Fitch was honorably mentioned. Highest participation among law schools went to UMass Law, which had 56 students in attendance. Liberty Mutual was the leading corporate law department, with 24 participants.

Recreational Use Statute No Bar to Recovery for Mother Injured at Go-Cart Business

reza-breakstone-web.jpgBy Reza Breakstone

In an important victory for an injured mother, the Appeals Court permitted a plaintiff’s negligence claim to survive a motion for summary judgment, overturning a Superior Court judge’s holding that the recreational use statute barred recovery.

Background
On January 14, 2016, the Appeals Court in Amaral v. Seekonk Grand Prix Corp., No. 13-P-1848, slip op. (Mass. App. Ct. Jan. 14, 2016) overturned the decision of a Superior Court judge which immunized a business from liability for personal injuries under the recreational use statute, M.G.L. c. 21, § 17C(a): “Public use of land for recreational, conservation, scientific educational and other purposes; landowner’s liability limited; exception.”

The question on appeal arose when summary judgment was granted to the defendant, Seekonk Grand Prix Corp., a go-cart, mini-golf, bumper car, and arcade business, which was sued by a mother who was injured on their premises.

The defendant argued to the Superior Court judge that the mother was watching her two sons drive go-carts, which constituted a recreational activity, when she was injured on the premises. Specifically, a little girl drove through a fence and struck the plaintiff causing a number of injuries including a pulmonary embolism that resulted from a blood clot in her leg. The defendant noted that the mother did not pay a fee to be on the premises to watch her children drive go-carts and was thus barred from recovery under the recreational use statute.

The Superior Court judge, citing case law indicating that the statute provided immunity from liability when a landowner did not impose a charge or fee for an injured plaintiff’s recreational use of the land, agreed, and granted the defendant summary judgment. See Seich v. Canton, 462 Mass. 84, 85-86 (1997) (holding municipality’s fee to defray expenses for participation in a basketball league did not constitute fee for public use of town land; thus, parent who was injured in a slip and fall while attending daughter’s basketball game was barred from action against town); Whooley v. Commonwealth, 57 Mass. App. Ct. 909, 910 (1997) (barring plaintiff from recovery for slip and fall at hockey rink under recreational use statute because she had free use of the rink for the recreational purpose of spectating her grandson’s hockey game and she failed to show evidence that grandson’s hockey team in fact paid for its use of the rink).


Recreational Use Statute

The Massachusetts recreational use statute provides that those who make their land available to the public for “recreational . . . purposes without imposing a charge or fee therefor, . . . shall not be liable for personal injuries. . . sustained by such members of the public . . . in the absence of wilful, wanton, or reckless conduct by [the landowner].” M.G.L. c. 21, § 17C(a).

On the other hand, § 17C(b) states that “[t]he liability of any person who imposes a charge or fee for the use of his land by the public for the purposes described in subsection (a) shall not be limited by any provision of this section. For the purposes of this section, ‘person’ . . . shall include, without limitation, . . . [a] corporation, company or other business organization . . . .”

No Definitive Definition of Recreational Use
The Appeals Court in Amaral noted that the term “recreation” was not defined by statute, nor had it ever been defined by the Supreme Judicial Court. Dicta in Catanzarite v. Springfield, 32 Mass. App. Ct. 967, 967 (1992) construed the term “recreation” to include “passive pursuits, such as watching baseball,” but the Supreme Judicial Court “prefaced this remark by stating that it had ‘never defined the term.'” At least one other Appeals Court case cited the dicta in Catanzarite but “in a manner that leaves in some doubt its own views of the principle.” Nantasket Beachfront Condos. LLC v. Hull Redev. Authy., 87 Mass. App. Ct. 455, 465 n.13 (2015).

Appeals Court Decision: Mother’s Use Was Neither Recreational Nor Free
On appeal, the Appeals Court noted that the plaintiff’s presence on the property was not for a recreational purpose: she was a parent who accompanied minor children, purchased tickets for their use of go-carts, and remained to supervise them. In essence, the plaintiff was using the facility for the recreation of her children, and she paid for that use by purchasing tickets.

The court reasoned that application of the recreational use statute’s immunity provision would undermine the very purpose of the statute: “to encourage landowners to permit broad public free use of land for recreational purposes by limiting their obligations to lawful visitors under the common law.” Furthermore, the court noted that the mother purchased the tickets for use of the go-carts, tickets which she could have conceivably used herself.

Because the plaintiff was charged a fee for her particular use of the land, her use was not free. Nor was her activity–monitoring her minor children while they drove go-carts–recreational in nature. Therefore, summary judgment was not appropriate. The judgment of the Superior Court was vacated and the case remanded for further proceedings consistent with the Appeals Court’s decision.

Conclusion
Individuals should be mindful that their use of land designed for public recreational use, free of charge, comes with the caveat that the landowner may not be responsible for any personal injury absent wanton, willful, or reckless conduct. Always proceed with caution when engaging in pickup sports games, or recreational activities that could lead to personal injuries. If you or someone you know has been injured, do not hesitate to contact the attorneys at Breakstone, White & Gluck, PC of Boston for a free consultation.

About Reza Breakstone
Reza Breakstone joined Breakstone, White & Gluck as an associate in 2015.  Reza has earned a reputation as a tough and tenacious litigator helping both individuals who have been personally injured and burgeoning companies who have had insurance and contract disputes. After law school, Reza joined the Boston office of Mintz Levin, where his practice encompassed complex business litigation, federal antitrust defense, and securities litigation.

While at Mintz Levin, Reza received a fellowship to serve as an Assistant District Attorney with the Suffolk County District Attorney’s Office, working out of the West Roxbury Division of the Boston Municipal Court. In this year-long fellowship position, he prosecuted a wide range of criminal offenses and gained valuable in-court and trial experience having tried seventeen cases before a judge or jury, and securing convictions in a majority of his trials before a jury. Read his bio.

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Breakstone, White & Gluck Welcomes Attorney Reza Breakstone

From the stage to the courtroom, Attorney Reza Breakstone brings a unique blend of skills and experience to the firm.  We are pleased to welcome Reza, who will focus on representing personal injury clients at Breakstone, White & Gluck. He will also counsel small businesses in strategic development, litigation and contract matters.

Reza graduated from the University of Michigan in 2002, where he received several leadership awards.  After college, Reza worked for two years as a legislative aide for the junior Senator from Michigan in Washington D.C. He returned to Boston to attend Northeastern University School of Law.  After graduation from law school in 2008, Reza worked for four years at a prestigious Boston firm, concentrating in complex business litigation, federal antitrust defense and security litigation.  During that period, he received a special assignment as an Assistant District Attorney in Suffolk County District Attorney’s office where he prosecuted criminal cases.  Working in the West Roxbury Division of Boston Municipal Court,  he tried numerous bench and jury trials to verdicts.

“What I learned in the DA’s office is your value as a lawyer is embedded in your judgment, interpersonal skills and treatment of others,”
Reza says. “Having good relationships is essential. When you are at a large firm, having good relationships is important, but productivity is a much more important measure.”

In addition to his legal pursuits, Reza has a passion for acting and improvisational theater.  He has performed in numerous independent films and improvisational theater troupes in New England and Los Angeles.

Reza looks forward to working on behalf of the firm’s injured clients while continuing to assist small businesses and start-ups with development strategies.  In both pursuits, he looks forward to furthering his commitment to “the business of helping people.”

“When you are put in a position to represent someone, it really comes down to confidence and trust,” he said. “I have a lot of people who respect me and trust me. I think the latter is as important as anything.
That really helps when people are bringing their lives to you and saying help me out. It’s because they trust you to get the job done.

To learn more about Reza, please visit his attorney bio page.