Articles Posted in Firm News

Boston personal injury attorney Marc L. Breakstone

Attorney Marc L. Breakstone recently negotiated a settlement for a woman who was seriously injured when she slipped on an icy ramp. The ramp was on a commercial property.

Read about Attorney Breakstone’s work.

 

Breakstone, White & Gluck is pleased to announce that Marc L. Breakstone, David W. White and Ronald E. Gluck have been selected to the 2017 Massachusetts Super Lawyers list. Our attorneys were recognized for their work for clients in personal injury and medical malpractice cases. We are proud to share this news. It marks the 14th year they have been selected to the list, which only recognizes the top 5 percent of attorneys in the state.

The Super Lawyers selection process evaluates attorneys based on 12 areas, including verdicts and settlements, experience, honors and awards, bar and professional activity, pro bono and community service and other achievements. The selection process includes input from the Super Lawyers research department and peer review from other attorneys.

Boston Attorney Marc Breakstone

Marc L. Breakstone

Attorney Marc L. Breakstone has been recognized to the Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers lists numerous times over his career. He was recognized on the 2017 Massachusetts Super Lawyers list as a top rated medical malpractice attorney, an honor he has received each year since 2004. His settlements and verdicts include a $10.2 million settlement for an infant who suffered severe injuries due to ambulance negligence and $7.5 million for a family who lost a loved one in a propane gas explosion at a construction site. He also won a $7.1 million award for a pedestrian who was hit by an MBTA bus. Attorney Breakstone, a graduate of Northeastern University School of Law, has practiced in Boston for more than 30 years.

Read about Marc


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David W. White

Attorney David W. White has been selected as a Top 100 New England Super Lawyer, a Top 100 Massachusetts Super Lawyer and Massachusetts Super Lawyer numerous times over his career. He was recognized on the 2017 Massachusetts Super Lawyers list as a top rated personal injury attorney. A past president of the Massachusetts Bar Association, Attorney White has practiced law in Boston for almost 35 years. A graduate of Northeastern University School of Law, Attorney White has been recognized for his work on personal injury cases, as well as in insurance law. Attorney White’s settlements and verdicts include $4.35 million for a construction accident victim and $2.5 million for a client who suffered severe burns due to a homeowner’s negligence.

Read about David


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Ronald E. Gluck

Attorney Ronald E. Gluck is an accomplished, widely respected and results-driven lawyer who has obtained multi-million dollar awards for his clients in a range of serious personal injury cases for over 35 years. Each year since 2005, Mr. Gluck has been named a top rated personal injury “Super Lawyer” in Massachusetts. His career has focused on cases ranging from those involving pedestrians, bicyclists and motorcyclists injured or killed by the negligence of others to disasters involving train crashes, truck accidents and medical malpractice causing wrongful death, traumatic brain injury and severe orthopedic injury. Attorney Gluck’s approach is to get the best results in the most efficient and effective manner for his clients while making sure that the responsible party is held accountable for their negligence. Following the attacks of 9-11, Mr. Gluck donated his time and expertise to represent the family of a young professional who was killed while a passenger aboard the American Airlines plane that crashed into the World Trade Center. Awards and settlements for Mr. Gluck’s clients include a $3.75 million award to a motorcyclist who suffered brain injuries; $2.5 million to a businessman who suffered spinal injuries in an 18-wheel truck crash; $2 million to the family of a child with mental health disabilities who died as a result of medical negligence, and a confidential settlement to the family of a physician who was hit and killed by a truck while she was riding a bicycle. Mr. Gluck is widely known and respected for his technical legal skills as well as his compassion and professionalism.

Read about Ron

Our Results for Clients
$10.2 million Award for an infant injured by ambulance malpractice
$7.5 million Award for family which lost a loved one in a propane gas explosion
$7.5 million Award for an infant who suffered severe brain injury from medical malpractice during and after anesthesia
$7.1 million Award for a woman who was hit by an MBTA bus
$5.7 million Award for the victim of medical malpractice
$4.35 million Award for a worker who fell as a result of a defective railing
$3.75 million Award for a motorcyclist who was hit by a negligent driver

About Breakstone, White & Gluck
In 2017, Breakstone, White & Gluck celebrated our 25th year of serving clients who have been injured in personal injury, car accident and medical malpractice cases.  We represent clients in Boston, Cambridge, Somerville, Quincy and across Massachusetts. If you have been injured by someone else’s negligence, learn your legal rights. Contact us for a free legal consultation at 800-379-1244 or 617-723-7676. You can also send us a message using our contact form.

Friends, family and colleagues helped us celebrate 25 years of serving our clients in June.

Photos from the event were published in Massachusetts Lawyers Weekly on August 31, 2017. Subscription required for access.

Boston personal injury attorney Marc L. Breakstone

Attorney Marc L. Breakstone was recently interviewed by Massachusetts Lawyers Weekly on the voir dire process.

Requiring attorneys to get pre-approval to question potential jurors is the “wrong approach,” Attorney Marc L. Breakstone said in a recent Massachusetts Lawyers Weekly article.

Breakstone was commenting on a change to the rules for voir dire in Massachusetts. Judges were long responsible for questioning prospective jurors to determine if they could sit fair and impartial in Massachusetts courts. But in 2014, the Legislature approved the introduction of attorney-conducted voir dire. For the first time, attorneys were allowed to directly question prospective jurors.

Attorney David W. White is interviewed by NBC Boston on the Dorchester building fire

Attorney David W. White is interviewed by NBC Boston on the next steps ahead for buyers after the Dorchester building fire tragedy.

(June 29, 2017) Attorney David W. White was interviewed by NBC Boston on the potential legal options ahead for buyers of condos destroyed by a massive blaze in Dorchester. The fire went up on Wednesday, just a day before a fire inspection was reportedly scheduled.

The six-story Treadmark building had 83 units, including 32 for home ownership and 51 for affordable rentals. It was located in the Ashmont section of Boston’s Dorchester neighborhood.

Attorney David W. White of Breakstone, White & Gluck in BostonThe Metro news website interviewed Attorney David W. White and other legal experts in the wake of Aaron Hernandez’ suicide at Souza Baranowski Correctional Center in Shirley, Massachusetts this week. Hernandez, a former New England Patriot who once received a $40 million contract extension for five years, had been serving a life sentence in the 2013 murder of Odin Lloyd. As prosecutors prepared the Odin Lloyd case, they also charged Hernandez with a double murder in Boston in 2012. Hernandez was acquitted on the Boston murder charges just last week in Suffolk Superior Court. As he headed back to prison, his lawyer spoke about hopes for appealing the Odin Lloyd conviction and seeing Hernandez walk free someday.

But Hernandez apparently had no plans for appeal. Come Wednesday morning, he was found hanging from a bed sheet in his cell at the Shirley prison. The state medical examiner concluded the cause of death was suicide by asphyxia from hanging. The football player’s brain will be sent to Boston University researchers who are studying CTE, or Chronic Traumatic Encephalopathy, a progressive degenerative disease of the brain which can only be diagnosed after death. It has been found in other football players.

The suicide changes everything for Odin Lloyd’s family, who was pursuing a wrongful death lawsuit against Hernandez.

During a 2015 trial, Hernandez had been convicted of the first degree murder of Lloyd. Hernandez had an automatic right to appeal to the state’s highest court, the Supreme Judicial Court, but had not completed that appeal. Massachusetts follows a legal doctrine known as abatement ab inito. If someone dies after a conviction but before their appeal is complete, the person’s legal records and convictions are null and void.

“Now that the conviction will be vacated, the family of Odin Lloyd has lost their collateral estoppel claim and they will have to start from scratch to prove he is guilty,” White said in the Metro interview.

Hernandez appeared to have a bright future with the Patriots, then came June 26, 2013. Police arrested him at his North Attleborough home in connection with the murder of Odin Lloyd, a semi-professional football player who had been dating the sister of Hernandez’ fiancee. Less than two hours later, Hernandez was released by the New England Patriots, who had signed him to the $40 million five-year contract extension the previous summer. The contract included a $12.5 million signing bonus. On August 27, 2012, The Boston Globe predicted, “The Patriots are going to have the tight end of duo of Rob Gronkowski and Aaron Hernandez at least through the 2018 season.”

Read the article in the Metro (April 19, 2017).

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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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Attorney David W. White discusses Massachusetts pothole law for motor vehicle damagesJust as sure as it brings snow, winter in Massachusetts always brings potholes. When drivers hit potholes, their cars can sustain major damage, sometimes totaling in the thousands of dollars. They often want to file a claim against the state or community which maintains the road.

NBC Boston recently aired a story on what rights consumers have if their vehicle is damaged by a pothole (1/24/2017). Attorney David W. White was interviewed and delivered bad news for drivers. Under Massachusetts law, drivers do have 30 days to file a claim against a town or state. But drivers are unlikely to recover any money because the state and towns will claim “contributory negligence.”

“If you are one percent at fault, you get zero percent recovery,” he said.

reza-breakstone-webAttorney Reza Breakstone writes about the legal ramifications of self-driving cars in an article published in the Winter 2016-2017 edition of The Litigator, the official publication of the Capital City Trial Lawyers Association in Sacramento, California. Attorney Breakstone co-authored the article with Attorney Paul Hoybjerg of Roseville, California. In the article, “The Self Driving Car: Science Fiction Becomes Reality, Creating a Legal Quandary,” the authors write the time has come for the self-driving car.

“The self-driving car is no longer a distant dream of an imagined future. It is here, it is now, and it is reality. There already exist automated functions that come standard on vehicles: anti-lock brakes, self-parking, cruise control, and crash avoidance cameras. Automated cars will affect more than simply your ability to tie your tie or apply your make-up on the way to work. They stand to completely change the automotive industry, insurance world, legal market, public transport and city planning, while redefining the American culture of feeling “freedom” behind the wheel.”

The article explains the current levels of automation among vehicles on the market, investments in the industry and ramifications for auto insurers and plaintiffs and defendants in personal injury cases.

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“The less thrilling ramifications may be to the bottom line of auto insurers and the plaintiffs’ and defense bars in personal injury cases. Currently, auto insurance premiums account for $200 billion nationwide. The insurance industry, with decreased vehicle ownership and decreased liability issues on the part of the user, will find itself cut out of the equation. Allstate Corp. Chairman Thomas Wilson predicts that driverless cars will have “the most detrimental impact on auto insurance” and one “we don’t want to wait” to figure it out.”

Read the full article.

About Attorney Reza Breakstone
Attorney Reza Breakstone joined Breakstone, White & Gluck as an associate in 2015.  Learn more about Reza on our website.

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