Articles Tagged with attorney

Attorney Marc Breakstone commented as a legal expert in a Boston Globe article this week on Worcester Polytechnical Institute’s (WPI) response to a negligence lawsuit, brought by a former student who was raped while studying abroad. The college responded that the student was partially responsible.

“It’s a strategy that, frankly, often backfires in trial because the jury gets incensed,” Attorney Breakstone said.

This is a comparative negligence argument. This is traditionally an argument defense lawyers try and make for slip-and-fall cases or other accidents. In these cases, juries are left to assign a percentage of blame on the defendant and the plaintiff. In this case, Attorney Breakstone called the use, “repugnant.”

Cyclists of all ages came out strong for Lexington’s Bike Walk ‘n Bus Week in May. Breakstone, White & Gluck was pleased to donate bicycle helmets to children who needed one at events such as the Bike Smart Class for fourth- and fifth-graders and the Bike Art Contest. With each helmet given, children and parents were shown how to properly fit them on their own.

We are also happy to see these two little cyclists stopped by for a Project KidSafe helmet. Thanks ArtsOffRoad Lexington for sending along the photos.

Child wearing a bicycle helmet.

Photos courtesy: ArtsOffRoad Lexington.

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Bike Walk ‘n Bus Week was held from May 14-22 and coincided with Bay State Bike Week. While the rest of the state celebrated cycling, Lexington focused on bicycling, walking and encouraging use of alternate transportation, such as buses.

The organizers were the Lexington Bicycle Advisory Committee, Greenways Corridor and Massachusetts Safe Routes to School. Events included breakfasts, bike rides, a bike parade and bike maintenance workshops.

There are two active committees representing cyclists in Lexington: the Lexington Bicycle Advisory Committee and the Friends of Lexington Bikeways, which coordinated the bicycle helmet donation from Breakstone, White & Gluck. Because of their work and the strong local interest in cycling, Lexington was named a bronze level Bicycle Friendly Community by the League of American Cyclists in 2015.

Breakstone, White & Gluck donated 140 bicycle helmets in Lexington this Spring. It is the third year we have made a donation and it is nice to see the community’s interest. In addition to Bike Walk ‘n Bus Walk Week, Lexington Police gave out bike helmets at Discovery Day on May 28th and showed children and families how to properly fit them.

Breakstone, White & Gluck donated the bicycle helmets as part of our Project KidSafe campaign. Since 2013, we have donated more than 10,000 bicycle helmets to help children prevent head injuries and ride their bicycles safely.

Read about our past events and donations here.

Visit this page to view bicycle safety resources.

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These are the days when children just want to be outdoors, riding their bikes. We want them to enjoy the experience and always, always wear a bicycle helmet.

Breakstone, White & Gluck recently made bicycle helmet donations in Westborough, Lexington and Dorchester as part of our Project KidSafe campaign. We are committed to protecting young cyclists and are now in the fourth year of our campaign. Along the way, we have donated over 10,000 bicycle helmets to children who need one, with support from community groups, bicycle safety organizations, police departments and schools which organize bike helmet giveaways.

Wearing a properly fitted bicycle helmet is the best way for cyclists to protect themselves against head injuries from falls and bicycle accidents. Under the law, anyone who is 16 years of age or younger in Massachusetts is required to wear one while riding.

Welcome back cyclists! Bay State Bike Week is here and many of you are commuting to work for competition, attending commuter breakfasts, and participating in events to make this work week pass a little faster. The goals are to help protect the environment, reduce traffic congestion, get a little exercise, and have fun with other cyclists.

bike-friday-2015-500.jpgAttorney David White and Marc Breakstone on Boston City Hall Plaza with our Project KidSafe tent and Project KidSafe helmets during Bay State Bike Week 2015. The event was Bike Friday and it was organized by Boston Bikes.

Breakstone, White & Gluck is pleased to participate as well. On Friday morning, we will join cyclists at the Bike to Work Day event on Boston City Hall Plaza. If you attend, please stop by our Project KidSafe tent and say hello to some of our lawyers! Boston Bikes is organizing the event.

Breakstone, White & Gluck kicked off our 2016 Project KidSafe campaign yesterday, continuing our commitment to children’s bicycle safety. Attorney Marc Breakstone visited the iCan Shine Bike Camp in Arlington, where we donated bicycle helmets to the 25 riders.

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Attorney Marc L. Breakstone of Breakstone, White & Gluck with a cyclist and volunteer at the iCan Shine Bike Camp at the Ottoson Middle School in Arlington, Mass.

This is the third year Breakstone, White & Gluck has supported the iCan Shine Bike Camp in Arlington. iCan Shine is an international non-profit organization, with local organizers who host five-day camps which teach children and young adults with autism and other disabilities how to ride a bicycle.

Fox 25 TV has reported the driver who hit and killed a Massachusetts state trooper has left the hospital. He is scheduled to appear in court and be criminally charged, but has not been formally charged yet.

David Njuguna, 30, of Webster, is expected to appear in Dudley District Court in about a month and be formally charged with negligent operation of a motor vehicle, failure to stay within marked lanes and speeding, State Police told the news station. He is currently out free without court bail conditions, though his driver’s license has been revoked.

marcbreakstone_125.jpgFox 25 TV asked Attorney Marc Breakstone, who has represented car accident victims in Massachusetts for 30 years, why criminal charges have not been filed already.

Walking, even in the crosswalk, is becoming more dangerous.

The Governors Highway Safety Association (GHSA) is projecting a 10 percent increase in pedestrian fatalities in traffic crashes across the U.S. last year. This marks the largest increase in four decades, since data was first collected.

The official tally shows an estimated 2,368 pedestrians were killed between January and June of 2015. Researchers expect annual figures to reach the 10 percent mark.

A front page story in Massachusetts Lawyers Weekly reported that judges in the Commonwealth have embraced attorney-panel voir dire. The process was introduced in February 2015 and in the first year, lawyers conducted panel voir dire in 14 percent of Superior Court jury trials.

Speaking at a recent Massachusetts Bar Association voir dire workshop organized by Attorney Marc L. Breakstone, Judge Maynard M. Kirpalani reported that just over 700 impanelments were conducted in a one-year period and 14 percent or roughly 100 cases employed panel voir dire. Some 56 percent involved attorney-conducted voir dire of individual jurors; and 30 percent were judge-only voir dire.
There was a pilot project for a group of judges to use panel voir dire in most cases, except for life-felony matters or cases with good cause not to use it. While 15 Superior Court judges were part of the program, 38 of the 80 judges ended up trying panel voir dire.

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.

17842197_m.jpgA woman died tragically this morning on the Southeast Expressway heading southbound, when a manhole cover became dislodged, went airborne, struck the front windshield and exited the rear windshield. She was killed instantly. The incident occurred in the Thomas P. O’Neill Junior Tunnel just before the southbound end of the tunnel.

The woman’s vehicle came to a rest in the left-hand lane of the Southeast Expressway, a short distance from the Massachusetts Avenue exit, with large gaping holes in the front and rear windshields. A state police spokesperson commented that the cause of the manhole cover to become dislodged is under investigation.

The focus of the State Police investigation will be what caused the manhole cover to become a projectile which killed this unsuspecting driver. Manhole covers, when properly installed and maintained, should remain in place. It needs to be determined whether any work had been done recently on or around this manhole.

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