Articles Tagged with “wrongful death”

deveau

Television news coverage showing Kenneth Deveau in a stretcher at a North Andover shelter after he was evacuated during the Columbia Gas explosions in Merrimack Valley.

Attorney Marc L. Breakstone has confirmed to the media that Columbia Gas and parent company NiSource will face a second wrongful death lawsuit following the Merrimack Valley gas explosions. Attorney Breakstone is representing the family of the late Kenneth DeVeau of North Andover, who suffered cardiac arrest and slipped into a coma after the Sept. 13th explosions. DeVeau, 57, suffered from illnesses such as Myotonic Dystrophy and a weakened heart, and had limited mobility due to a chronic neurological condition. DeVeau suffered the heart attack and injuries at an evacuation center. He was then transported to Lawrence General Hospital, where he briefly regained consciousness. He died from complications on Sept. 26.

Attorney Breakstone said the family has not yet filed the wrongful death lawsuit. They will do so once DeVeau’s sister is appointed the personal representative of his estate.

NiSource disclosed the second wrongful death claim yesterday when it filed its quarterly financial disclosures with the SEC. The company noted two parties had reported their intent to assert wrongful death claims after the Columbia Gas explosions in Merrimack Valley. Prior to this, only the family of 18-year-old Leonel Rondon had announced its intention.

News coverage:

Family of late North Andover man says he suffered cardiac arrest, slipped into coma after Merrimack Valley evacuations, Boston Globe, Nov. 2, 2018

Family says 2nd death linked to Merrimack Valley gas explosions, WCVB, Nov. 2, 2018

Second Family Plans Wrongful Death Suit Against Columbia Gas And NiSource, WGBH, Nov. 2, 2018

Second wrongful death lawsuit to be filed against Columbia Gas, Lawrence Eagle Tribune, Nov. 2, 2018

Family of man who died in aftermath of gas blasts plans suit, San Francisco Chronicle, Nov. 2, 2018 

WBZ Radio Coverage: Attorney Marc Breakstone Interviewed, Nov. 2, 2018

Continue reading

Boston personal injury lawyers Breakstone, White & Gluck

Left to right: Attorney Ronald E. Gluck, Attorney Marc L. Breakstone and Attorney David W. White have been recognized by Best Lawyers in America© 2019.

Breakstone, White & Gluck announces that our partners have been recognized in The Best Lawyers in America© 2019. Best Lawyers© is the oldest and most respected attorney ranking service in the world, providing a resource for those searching for legal services for more than 30 years. It ranks lawyers in partnership with U.S. News & World Report and other media partners.

Best Lawyers© compiles its annual list of attorneys based on a peer-review process. Nominations can be submitted online by members of the public, clients and other attorneys. But attorneys alone provide evaluations. Nearly 87,000 lawyers around the world are eligible to participate. For the ninth year, lawyers in the Boston region chose to rank Breakstone, White & Gluck. Our rankings:

A truck and a motorcycle after a fatal accident in West Bridgewater, MassachusettsAttorney Marc Breakstone recently settled a wrongful death case for the family of a motorcyclist for $3.5 million. The case was settled in March 2016.

The motorcyclist was tragically killed by a waste disposal truck in West Bridgewater in 2013. The truck, which was being operated by a subcontractor, pulled out across the road in the path of the motorcyclist. The motorcyclist applied the brakes and laid down his motorcycle, attempting to avoid the collision and struck the defendant’s truck at less than 5 mph.

The motorcyclist continued to roll under the truck. The truck driver did not see him and ran the rear tires over his body, killing him.

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.

2464285_s.jpgDuring the past few weeks, snow plows have had little rest in the Boston area and Central Massachusetts. For most of us, they have been part of the background noise of a harsh winter and we have not even noticed them. But as of this week, two people have died as a result of snow plow crashes in the Boston area. Please be aware of the risks and talk to your family members about how you can stay safe.

On Monday afternoon, a 60-year-old employee at a Whole Foods store in Medford was struck and killed while walking across the store’s parking lot. The employee was just leaving work. The area was not open to the public at the time. The snow plow was operated Yerardi Landscape and Design of Medfield, authorities said. The snow plow accident remains under investigation by Medford Police and the Massachusetts State Police.

A week ago, a 57-year-old Weymouth woman was struck and killed by a snow plow driver who was clearing the parking lot outside her condominium complex, Tara Gardens. The driver had just cleared the woman’s parking space for her and a friend told The Boston Globe she had gotten out of her vehicle to ask him not to block her vehicle in as he left. Weymouth Police and the Norfolk County District Attorney’s office are investigating the snow plow death.

We share a few safety tips:

1) Listen to Advisories. Follow the recommendations of state and local officials about when it is best to avoid walking or driving outside.

2) Wear Neon-Colored Vests and Bright Clothing. If you are walking in the street, a neon vest or bright clothing should be a requirement, even during the day. You want snow plow drivers, as well as other drivers, to see you.

Keep a vest in your car. You can use your vest when walking from your car to your destination. It may also come in handy someday if you break down.

3) Do Not Approach Plow Trucks. Pedestrians should never approach plow trucks. Let them stay focused on removing snow.

4) Contact the Property Owner Instead. If you live in an apartment or condo complex, keep the phone number of your building management company handy on your cell phone. If you have a complaint, take a photo to send to the building owner, who can share it with their plow company.

Do the same if you work at a business office, unless you are the owner; then safe snow removal is your responsibility.

5) Expect Plows Everywhere, Even After the Snow Ends. Expect plows everywhere for a while. Even when it is not snowing, expect plows will be out trimming down high snow banks and opening up narrow roads.

6) Do Not Follow Plow Trucks Too Closely. When driving, stay a few car lengths behind plow trucks. The snow plow could hit something hard unexpectedly and not be able to stop. Avoid passing snow plows.

7) If You Have An Accident with a Snow Plow Truck. If you are driving, make sure you stop in a safe place. As you do, take note of what the plow truck looks like and the license plate if you can do so safely. If the plow driver does not stop, immediately notify the local police department to file a car accident report.

Continue reading

201501016_staircase.jpgThe City of Boston has identified 580 potentially overcrowded student apartments across the city from data provided by colleges and universities, The Boston Globe recently reported. City inspectors will now investigate whether the units are violating city zoning rules, which bar more than four full-time undergraduate students from sharing the same apartment.

The city recently collected more than 25,000 student addresses from 31 colleges and universities so it can investigate potential apartment safety violations and overcrowding. If overcrowding is found, city officials plan to work with landlords and universities to move students to safer, alternate housing.

In 2013, Boston University student Binland Lee died in an apartment fire in Allston. She had been living at the Linden Street building with more than a dozen other people, a violation of city zoning rules. The Boston Globe Spotlight team later reported the property had been converted to a two-family home after a previous fire in the 1990s. This move blocked off a central staircase and restricted access. The building owner, Anna Belokourova, was later cited for running an illegal rooming house and not obtaining the permits needed to create bedrooms in the basement.

The Lee family has filed a wrongful death and premises liability lawsuit against Belokourova as well as Gateway Real Estate Group, which rented the apartment to her and six other housemates. Attorney Ronald E. Gluck of Breakstone, White & Gluck represented another woman who was seriously injured in the same fire.

In 2014, the Boston Globe Spotlight team investigated and found other instances of unsafe and crowded conditions for Boston students. It surveyed 266 students who lived off-campus in Boston and found nearly one-third were living in units with at least five undergraduate students, a violation of city zoning law.

Also from the survey:

  • 25 percent of students reported having trouble reaching their landlord to report safety concerns
  • 20 percent reported living without functioning smoke alarms
  • 33 percent reported a lack of heat in their apartments

As these safety violations happen, more students are coming to Boston and living off-campus than in the past. Colleges are facing a space crunch and neighbors have opposed many of their efforts to build new dorms. The Boston Globe estimated more than 45,000 Boston students lived in off-campus housing in 2013, a 36 percent increase from 2006.

Our attorneys have represented Boston college students and other tenants who have suffered serious injuries as a result of housing code violations and overcrowding conditions. Here are summaries from two recent cases:

Overcrowded Student Housing Fire in Allston, Massachusetts
Our attorneys represented a woman who was seriously injured in a 2013 fire in an illegal apartment in Allston, Massachusetts. More than a dozen college students were living at the home in violation of city zoning ordinances. Read about this case.

Students Injured in Escape from Quick-Spreading House Fire
Our attorneys represented one of two college students who were seriously injured a single-family home fire in Boston. One student suffered a brain injury when he jumped from a third-floor window to escape and landed on a concrete driveway. The other student broke her back and injured her ankle when she jumped off from the second floor. The case was settled at mediation. The case was reported by Massachusetts Lawyers Weekly on May 29, 2014. Subscription required.

Continue reading

Toyota Toyota agreed last week to pay a record $1.2 billion criminal penalty for misleading consumers and the government about unintended acceleration in its vehicles. This safety defect and others have resulted in numerous injuries and deaths. Over 10 million Toyota vehicles have been recalled so far.

This is the largest criminal penalty ever imposed on a car manufacturer. As part of the agreement, the Justice Department charged Toyota with wire fraud but deferred the criminal charge for three years while the company submits to government monitoring.

We have been reading about Toyota’s safety defects for many years now, along with the more important violation of trust: the Japanese automaker repeatedly failed to warn the public about safety problems. CNN reported last week that the company “at one point boasted internally about saving $100 million in costs by avoiding a full safety recall.”

To date, Toyota has paid out more than $66 million in fines for not immediately reporting defects. Several of these fines have been record-breaking. In 2010, the National Highway Traffic Safety Administration fined the company a record $16 million for its delayed response in notifying the government about defects. In 2012, the NHTSA fined the company an additional $17.4 million.

The company has faced numerous injury and wrongful death lawsuits. In addition to sticky pedals and unintended acceleration, unsecured floor mats and other equipment have caused safety hazards. Last October, an Oklahoma jury decided that defective electronics were to blame for a car accident which killed a woman and seriously injured another person. Toyota was ordered to pay $3 million in damages.

As for Toyota, U.S. Attorney General Eric Holder told the Detroit Press: “Put simply, Toyota’s conduct was shameful. It showed a blatant disregard for systems and laws designed to look after the safety of consumers. By the company’s own admission it protected its brand ahead of its own consumers.”

Still, consumers have continued to buy Toyota. The company was the top-selling automaker in 2012 and 2013, selling 9.98 million vehicles in 2013.

Related:
Toyota to pay $1.2 billion in settlement with U.S. over recalls, CNN.
Continue reading

A Massachusetts court judgment this week is a tragic reminder of what can happen when teens drink and drive and social host liability laws are ignored.

On Monday, 23-year-old Craig Snow was ordered to pay $1 million each to the parents of Julia Gauthier. In 2010, 19-year-old Gauthier, a freshmen at Salem State College, was killed in a car accident in Lynn when her boyfriend Christopher Maxson rolled the SUV he was driving. She and Maxson had just left a party hosted by Snow, who had provided the alcohol that night. Maxson pled guilty to motor vehicle homicide while driving drunk in December 2010.

Snow was charged criminally under Massachusetts’ social host liability law, but avoided jail time. Gauthier’s family also filed a civil lawsuit against him, resulting in this week’s judgment.

david-fox-20140318.png

“The question here is reasonableness and you should not furnish so much alcohol to any guest that you have that they leave your house inebriated,” attorney David White said in a television interview this week with FOX 25 News Boston.

White added, “It’s a real strong reminder to parents as the graduation season approaches to take extra care to make sure their children aren’t driving drunk.”

Watch the Fox 25 News Boston interview.

Read more about the social host liability law on our website.
Continue reading

carseat-010314.jpgParents across the country are checking their backseats after Graco issued one of the largest child safety seat recalls in history this week. It may not be the last recall either; the Georgia-based company is facing pressure from the National Highway Traffic Safety Administration (NHTSA) to recall 1.8 million additional seats.

Graco recalled 3.7 million car seats manufactured between 2009 and 2013, the fourth largest recall ever for safety seats and the largest in five years, according to media reports. The NHTSA announced Tuesday that Graco was voluntarily recalling 11 models, though the agency had sought recalls of 18 models. The agency has stated it could take legal action to force the recall of the other models, which are rear-facing models for infants.

The car seats have defective buckles, which can be difficult to unlatch or become stuck. Graco said it was not aware of any injuries resulting from the car seat, but the New York Times reports the NHTSA began investigating Graco in 2012, after parents complained to regulators about having to cut children out of the seats from straps. One parent said it took her 45 minutes to loosen the straps enough to pull her daughter out.

But there is at least one case of serious injury. In a Jan. 14 letter to Graco, the NHTSA noted the company was a defendant in a wrongful death lawsuit in Los Angeles Superior Court in which a two-year-old child was killed in a fire following a car crash. The child was traveling in a Graco Nautilus car seat. The company has said the wrongful death case was resolved by a confidential settlement agreement.

Read the full list of recalled car seats. Parents who have defective car seats can contact Graco for a free replacement buckle. Graco says the seats are safe to use until parents obtain a replacement, but the NHTSA is urging parents to find other seats until they receive the new buckles.

Parents want to be able to trust the car seats, strollers and cribs they use to care for their children. Because these are important purchases, many parents and family members spend time researching and reading consumer reviews on Internet shopping sites such as Amazon.com before purchasing.

These reviews are helpful, as is feedback from other parents. But there are a few other steps parents can take:

Mail in the product registration. You want to make sure the company knows you have its product and need to be notified of any defect or recall and be included in the remedy process.

Do your research. Search the NHTSA database for car seat recalls.

Car seat inspection. Visit this NHTSA website page to search for sites where you can get your car seat inspected. Watch as the certified professional fits your child’s car seat and what to watch as you go about your daily driving routine.

Check your product. Remember a few basics about all children products, from toys to car seats. First, make sure they do not have small parts which can easily break and become a choking hazard. Make sure your child can move freely in seats with straps. Make sure the product can fully support your child by reading the age and weight requirements.
Continue reading

constructionworker v2.jpgA new pilot study measures the physical and emotional toll on New England’s construction workers – and researchers say more investigation is needed.

Construction workers face a high risk of physical injury on the job. In 2011, these workers accounted for 12 percent of all workplace deaths in the U.S., according to the Bureau of Labor Statistics (BLS). Construction accidents and injuries can happen when employers or construction site managers are negligent in complying with OSHA and other safety regulations, fail to properly staff a job or do not provide the necessary training.

The new study from Harvard School of Public Health shows 20 percent of the construction workers surveyed showed signs of being at risk for suicide. More than 40 percent had suffered one or more workplace injuries in the prior month.

The study was published online Oct. 1 in the Journal of Occupational and Environmental Medicine. Researchers say the findings show more detailed studies are needed to provide a better understanding of the high frequency of construction injuries and how they relate to mental distress. Researchers also want to focus on increasing literacy rates among construction workers and preventing suicide and suicide attempts.

Study Findings
In August 2012, the researchers surveyed 172 New England construction workers whose average age was 41 years old. They were questioned about psychological distress, depression, anxiety, job satisfaction, musculoskeletal use, injuries and alcohol and tobacco use.

Of these workers, 75 percent had experienced musculoskeletal pain over the past three months. In the month prior, 42 percent had reported one or more work injuries. When researchers followed up by phone with workers who fit the criteria for depression, 20 percent showed signs of being at risk for suicide. Some 16 percent reported they were distressed but the majority – nearly 60 percent – had sought no professional help.

When proper precautions are not taken, construction workers face numerous risks for physical injury and death. The most common causes are falls, electrocution, being struck by an object and being caught in or between equipment and buildings, according to the BLS. Nearly three out of every five construction workers are killed by one of these causes.

Here in Massachusetts
Here in Massachusetts, construction workers face the same risks. In 2012, 32 workers died on the job, including six construction workers, according to the Massachusetts Coalition for Occupational Safety and Health (MassCOSH), which reports figures annually each spring.

Over the summer, the state saw three tragedies. In August, a tree worker died from burn injuries in Holliston, after coming into contact with live wires. A week earlier, another tree worker suffered serious electrical burns in Chelmsford when he was hit by branches and live wires. In July, a 26-year-old construction worker was killed at a Plymouth construction site when a concrete form collapsed and crushed him beneath wooden frames.

MassCOSH is starting to collect new data on other risks to construction and other workers. In its most recent “Dying for Work” publication, it reported 320 Massachusetts workers died from occupational diseases. It estimated asbestos exposure caused over 90 deaths that year.

Related:
Construction workers struggle with pain, stress from injuries, Harvard School of Public Health.

Dying for Work in Massachusetts, April 28, 2013, MassCOSH
MassCOSH website.
Continue reading