Our attorneys participated in the Equal Justice Coalition’s Walk to the Hill this morning at the Massachusetts State House. Marc L. Breakstone, David W. White, Ronald E. Gluck and Reza Breakstone joined hundreds of other attorneys in urging state lawmakers to raise state funding for civil legal aid.
Last week, Gov. Charlie Baker released his FY2021 budget and proposed a level budget of $24 million for civil legal aid. The Equal Justice Coalition, the Massachusetts Legal Assistance Corporation and supporters are seeking a $5 million increase and that’s why our attorneys participated today. Civil legal aid provides legal assistance to low-income Massachusetts residents who need help with housing, employment, medical care, immigration matters and domestic abuse. It is the last resort for many families, children and the elderly. Advocates say it’s life-changing for people, creating stability and opportunity to stay in their homes and keep working.
The Equal Justice Coalition says civil legal aid organizations are being forced to turn away many Massachusetts residents in need due to funding.
Attorney Marc L. Breakstone was interviewed by NBC Boston as part of its ongoing coverage of the Hi-Way Safety Systems holiday party and the subsequent deaths and injuries. At least three employees are now facing criminal charges, including one in an alleged high-speed drunk driving crash in Pembroke, which killed a teenage girl. A fourth employee was found dead in a Rockland motel in the subsequent hours.
The NBC Boston segment, which aired on January 8, 2020, focused on whether the party hosts may also face criminal charges under the Massachusetts social host law and civil lawsuits. The company reportedly hosted the party.
Breakstone is a Boston personal injury lawyer with over 30 years of experience representing victims of negligence. He said victims may able to file civil lawsuits in these serious cases.
“Key is the issue of control. If I control the service of alcohol in my home, and I have the ability to shut someone off and don’t, I could be liable.”
The Plymouth County District Attorney’s office and police now want to interview each party guest to learn more about the circumstances. In the wake of the crash, the Massachusetts Department of Transportation has announced Hi-Way Safety Systems can no longer bid on state contracts. Hi-Way Safety Systems has announced the employee who caused the Pembroke crash which killed a teenage girl and seriously injured another victim has been fired. He has been charged with one count of manslaughter while operating under the influence of alcohol, two counts of operating under the influence causing serious bodily injury and other offenses. He was ordered held without bail in Plymouth District Court.
Watch the NBC Boston segment.
Attorney David W. White was interviewed by Boston 25 News about the potential for social host liability lawsuits following the Hi-Way Safety Systems holiday party and fatal crash in Pembroke, Massachusetts. The driver in that crash is now facing numerous criminal charges related to a teen’s death and injuries to others at the scene, including manslaughter while operating under the influence of alcohol (OUI).
“Now in Massachusetts, that’s a very hard thing to prove,” he said. “You have to be able to show that the host knew or should have known that the guest was getting intoxicated. And it has to be their alcohol. So if a guest brings his or her own alcohol to the party, then there would not be any social host liability.”
Parts of his interview was broadcast last night and this morning. Follow the news website for ongoing coverage: https://www.boston25news.com/
Attorney David W. White was interviewed by Boston 25 News for a story which aired last night, “Mass. ‘Pothole’ Law Leaving Many With a Hole in Their Wallet.” The 25 Investigates team found cities and towns in Massachusetts are not compensating drivers for motor vehicle damage caused by winter potholes on municipal roads. Surprising many is that state law favors this position.
“You would think the law would be a little more supportive of people who suffer damages to their cars because we can’t maintain our roads,” Attorney White said in the interview. He later added, “The city can say you were 1% negligent yourself and that is an absolute defense to the case. And they’ll win, they will win.”
The investigative team found a handful of exceptions when cities actually paid drivers for pothole damage. But most drivers in Massachusetts had to foot their own bill, at an average cost of $306, according to AAA. The costs can be much higher for some drivers.
If a driver is successful in making a claim, there is a $5,000 maximum compensation.
About Breakstone, White & Gluck – Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by negligent and reckless driving in Massachusetts. If you have been injured in a car accident or a truck collision, seek immediate medical treatment and consult our attorneys to learn your legal rights. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
Marc L. Breakstone, David W. White and Ronald E. Gluck founded Breakstone, White & Gluck in 1992. This year, our partners and our associate Reza Breakstone continued our practice, delivering superb and meaningful results to our clients in injury cases:
Attorney Marc L. Breakstone Interviewed About Lynnway Auto Auction Indictments
In March, Attorney Marc L. Breakstone was interviewed by WHDH TV about the criminal indictments returned against the Lynnway Auto Auction and its company president. Each was charged with five counts of manslaughter in the 2017 crash killing five people. Attorney Breakstone is representing one of the families who lost a loved one.
Attorney David W. White Interviewed by NBC Boston on E-Scooters
Attorney David W. White was interviewed by NBC Boston for a segment called, “Are You Protected in a Scooter Crash? Experts Say Read the Fine Print.”
Attorney Ronald E. Gluck Negotiates $1.6 Million Settlement for Client Who Suffered Concussion and Mild Traumatic Brain Injury
Attorney Ronald E. Gluck negotiated a $1.6 million settlement for a client who suffered a concussion and mild traumatic brain injury. Attorney Gluck discusses his work for clients in this area:
Project KidSafe and Community Outreach
In April, Breakstone, White & Gluck launched our 7th annual Project KidSafe campaign with a bike helmet giveaway at Framingham Earth Day. We recently concluded another successful year, donating more than 4,000 bicycle helmets to children across Massachusetts. To reach children and families, our firm partnered with more than 35 community organizations, including 12 police departments, schools and bicycle committees, along with MassBike and Massachusetts Safe Routes to School.
With this year’s donations, our attorneys have now given away more than 25,000 helmets, with a goal of protecting children on bicycles, preventing head injuries and saving lives.
As we made our last helmet donation of 2019, we were especially touched by kind words from Boston Police Commissioner William Gross:
Outside our Project KidSafe campaign, we supported many bar and community organizations, including the Massachusetts Bar Association and Massachusetts Academy of Trial Attorneys. In January, we supported and participated in the Equal Justice Coalition’s Walk on the Hill, when lawyers across the state advocate for increased state funding for civil legal aid.
Attorney Marc L. Breakstone Published in MATA Journal
In May, Attorney Marc Breakstone was published in the MATA Journal, with an article called, “Assessing bias in voir dire after ‘Williams.’
Attorney Ronald E. Gluck Successfully Resolves Mild Traumatic Brain Injury Case Caused by Heavy Snow Collapse
In May, Attorney Ronald E. Gluck announced he had successfully resolved a mild traumatic brain injury case for our client, who was injured when heavy snow collapsed from a commercial warehouse roof onto her vehicle.
Attorney Marc L. Breakstone Wins $1.1 Million Verdict in Rhode Island Case
In May, Attorney Marc L. Breakstone won a $1.1 million verdict for our client who was injured in a car accident.
Awards: Best Lawyers in America© 2020
In August, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Best Lawyers in America© 2020. Our attorneys were recognized for their excellent work in personal injury, medical malpractice, professional malpractice and insurance law cases.
Attorney Marc L. Breakstone Reaches $2.15 Million Settlement in Fatal Crash Caused by Unsafe Parking Lot
In October, Attorney Marc L. Breakstone announced a $2.15 million settlement in a case where a car had accelerated onto a sidewalk at a strip mall and killed his client.
Awards: 2019 Super Lawyers
In October, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were all recognized in the 2019 Super Lawyers rankings. Our firm honors included Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers recognition in the areas of personal injury and medical malpractice. Our attorneys were recognized for the 16th year.
Awards: Best Law Firms of America© 2020
In November, Breakstone, White & Gluck was recognized in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms.” Our firm received rankings as a Tier 1 Boston law firm in personal injury litigation representing plaintiffs and a Tier 1 Boston law firm in medical malpractice litigation representing plaintiffs.
Attorney Marc L. Breakstone Published in MATA Journal
In November, Marc L. Breakstone was published in the MATA Journal, with an article called, “Establishing Liability: Through the Defendant.”
Free Legal Consultation – Breakstone, White & Gluck – Personal Injury Lawyers
Breakstone, White & Gluck has more than 100 years combined experience representing clients in cases involving personal injury, wrongful death, medical malpractice, motor vehicle accidents, bicycle accidents, pedestrian accidents, head injuries, construction accidents, premises liability and product liability. If you or a loved one has been injured, contact our attorneys for a free legal consultation and learn your legal rights: 800-379-1244 or 617-723-7676. You can also use our contact form.
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.
The MATA Journal is published as a supplement to Massachusetts Lawyers Weekly.
Boston Police Commissioner William Gross thanks Attorney Marc L. Breakstone for our recent donation of 160 children’s bicycle helmets. This was the 4th year that Breakstone, White & Gluck and our Project KidSafe campaign have partnered with the Boston Police Department to help protect children from head injuries.
“I would just like to thank you sir. What a great donation to the communities of Boston. You know oftentimes, people think that when someone has made it, they are affluential and doing well, that you don’t care, especially about the inner city, about people in the inner city. You’re helping me break negative stereotypical views by showing people that you do care. None of this stuff is hand me downs. These are expensive bike helmets. You are showing that you do care and that no matter what, good people are good people and are willing to give back. So you are making a difference…”
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. 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.
David 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. 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.
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.