Boston Injury Lawyer Blog

Min Perry, a woman who sustained serious injuries in the last month’s Green Line train crash in Newton is suing the Massachusetts Bay Transportation Authority for personal injury.

Perry sustained leg fractures and other injuries after she was pinned underneath scrap metal when the Green line trolley she was riding in collided with another train on May 28. Special equipment had to be used to extricate the 37-year-old accident victim, who was sitting behind the train operator, from the wreckage.

Several other people sustained serious injuries, and the train operator, 24-year-old Boston resident Terese Edmonds, died in the crash.

Investigators continue to probe into what caused the crash. Contrary to early speculation, numerous tests proved that Edmonds was not talking on the phone when the crash happened.

If you have been injured in a train crash anywhere in Massachusetts, it is important that you retain the services of a personal injury law firm that knows how to handle train accident claims and lawsuits, and the different kinds of accident situations and causes that can arise.

Common kinds of train accidents:

• Single train crash
• Multi-train collision
• Train crashes involving cars, trucks, motorcycles, or buses
• Train accidents involving pedestrians
• Trains caused by human error, whether the train operator, a train conductor, another motorist, or the train station.

Woman trapped in deadly crash sues MBTA, BostonHerald.com, June 26, 2008

Woman Injured In Green Line Crash Sues MBTA, WBZTV.com, June 25, 2008

Related Web Resources:

MBTA

Conductor Killed In Newton Train Collision, WBZTV.com, May 29, 2008

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A well-known Massachusetts retired music professor has reached a settlement agreement with five plaintiffs—four students and a consultant—that sued him for sexual abuse. Former Atlantic Union College choir director Francisco de Araujo reportedly settled the case through mediation.

The lawsuit, filed in Worcester Superior Court in January, named de Araujo, Atlantic Union College, and Atlantic Union Conference of Seventh-day Adventists Board of Trustees Head Donald G. King, and former AUC President George Babcock as defendants in the case. Mr. De Araujo is internationally recognized for his musical performances and choral direction and is called “Maestro.”

The lawsuit accuses him of sexual abuse and inappropriately touching the plaintiffs. The suit also alleges that the college knew that the former music professor had a history of sexually predatory behavior but either ignored complaints or got rid of the men that did complain. The plaintiffs are also accusing AUC of firing workers that opposed the abuse and participating in libel and slander against the students that accused Araujo of abuse. One student claims he lost his scholarship after he denied Araujo’s sexual advances. Araujo, who retired in 2007, denies the accusations.

While the criminal process can hold a perpetrator accountable by charging him or her with committing a crime, this will not compensate an abuse victim for injuries, pain and suffering, mental and emotional trauma, and the financial costs that come with suffering such serious harm. A good Massachusetts sex abuse law firm can help you recover the compensation you are owed.

AUC professor's sex abuse lawsuit has been settled, Wicked Local, June 20, 2008

Sexual abuse lawsuit settled, Telegram.com, June 21, 2008

Related Web Resources:

Atlantic Union College

Francisco de Araujo: Dialogue with an Adventist conductor, producer, and artistic director, Dialogue.adventist.org

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In Massachusetts, the widow of Paul Cahill, one of two Boston firefighters who died while battling a fire at Tai Ho Restaurant last year, is suing the Chinese restaurant for his death and citing premises liability. Also named in the wrongful death lawsuit are the owner of the building and J & B Cleaning.

Plaintiff Anne Cahill alleges that the companies either knew or should have known that grease-build up in a kitchen exhaust pipe could pose a potential fire risk, which could have been prevented. The grease fumes are believed to have caused a fireball on August 29, 2007, killlng Cahill and firefighter Warren Payne and sending 12 other firefighters to local hospitals.

It was an hour after the fire had ignited before firefighters were called to the scene. Fire officials say that there was grease and toxic fumes in an 8-inch space of the restaurant’s ceiling.

J & B Cleaning was contracted to clean the hood cover, stove area, roof fans, and the floor beneath the stove. A company spokesperson says that prior to the fire, the company had last cleaned the areas on June 21 and that the next cleaning was scheduled for September.

The city of Boston was barraged by criticism after the tragic accident because Tai Ho Restaurant had been eight months overdue for an inspection when the fire happened. Six other businesses suffered property damage from the blaze, including the Continental Shoppe, Ferns By Sheila Cobb , and L’Essence Art Gallery.

Although you cannot sue your employer if you were injured on the job, there may be third parties that can be held responsible for your injury accident. If your loved one died in a work accident, you are eligible for death benefits under Massachusetts’ workers’ compensation law.

Property owners and managers must make sure that a premise is safe from hazards that can cause serious injury or death to patrons, residents, visitors, customers, or workers. Failure to exercise this duty of care can lead to personal injury or wrongful death claims if someone is injured or killed as a result.

Firefighter’s widow files lawsuit, Wicked Local, June 13, 2008

Premises Liability, Justia

Related Web Resource:

Workers' Compensation Insurance

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In Massachusetts, the family of Winston Napier, a 55-year-old Clark University Professor that committed suicide inside his St. Vincent Hospital room last month, is wondering why he wasn’t under close watch even after he had threatened to commit suicide.

Worcester police are also wondering why they were never told of his death. The police and the Worcester district attorney’s office have subpoenaed the hospital for Napier’s medical records. According to Massachusetts law, police must be informed of any deaths that occur in any city, even if suicide is the cause of death.

On May 12, Clark University Police Chief Stephen Goulet contacted Worcester police and asked them to check on Napier. Police found Napier at his apartment. He was unable to answer the door and he appeared “confused.”

He was transported to St. Vincent Hospital and a CT scan was performed. Napier was diagnosed with a subdural hematoma and underwent emergency surgery. His family believes the injury occurred several weeks prior when he was struck by a pizza delivery door while riding a bicycle. The impact caused him to hit the door and fall onto the floor. The pizza delivery driver did not see Napier as he opened the door.

Following the emergency surgery, a nurse at St. Vincent Hospital said Napier’s behavior appeared off. He reportedly made a suicidal gesture with a knife on May 15 and was placed under 24-hour observation. A psychiatric evaluation was ordered.

The family claims that the evaluation never took place and Napier was taken off the watch. ON May 16, Napier hung himself from the shower. He was then reportedly resuscitated and placed on a breathing machine. He was declared dead on May 18.

The hospital says that they notified the medical examiner and the Department of Public Health. Police say they cannot properly investigate the death scene because Napier was removed from the scene and his room had been cleaned.

Medical care providers are supposed to ensure that hospital patients get the proper medical care and attention. Failure to provide that care can be grounds fora medical malpractice claim or lawsuit.

If you believe that you were injured or your loved one died because of the negligence of a hospital or another health care provider, our Boston, Massachusetts medical malpractice attorneys can explore the details of your case with you. In some instances, it can take weeks to realize that you have a traumatic brain injury or another serious injury from an accident—we can investigate your case and determine liability.

Clark professor's death probed, Telegram.com, June 2, 2008

Clark mourning the loss of popular scholar, Telegram.com June 1, 2008

Related Web Resource:

Winston Napier

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The estate of Danielle Tarsook, the daughter of a Beverly, Massachusetts retired police officer, is suing three Beverly cops for $10 million. They are accused of failing to stop her suicide. The wrongful death lawsuit was filed in Boston in federal court last month.

The lawsuit alleges that on May 18, 2005, Capt. John DiVincenzo and Detectives Richard Ganey and David Richardson breached procedures and engaged in acts of omission when they responded to a 911 call from Danielle’s boyfriend, who reported that she was threatening to commit suicide.

The three men picked up Danielle and drove her to Beverly Hospital. They then turned Danielle her over to her father, then-Sgt. Dennis Tarsook, in the Beverly Hospital parking lot instead of taking her directly to the hospital the way they should have. Danielle, 19, committed suicide in her apartment later that day.

While under Massachusetts wrongful death law, Dennis stands to recover compensation from the suit, his ex-wife and Danielle’s mother, Beverly, says that he is also liable for their daughter’s death because he did not get Danielle the medical care she needed before she killed herself.

Police are not allowed to interfere in incidents involving family member. This policy was implemented in 2004, after a police officer responded to a 911 call involving his son in a domestic dispute. His son killed his girlfriend and committed suicide three days later. The city of Beverly, who employed the three cops, is also a defendant in the lawsuit.

You have three years from the date of the wrongful death to file a lawsuit.

Police sued for $10 million over suicide of officer's daughter, Salem News, May 6, 2008

Police may face $10m suicide lawsuit, Wickedlocal.com, May 5, 2007

Related Web Resource:

Beverly Police Dept.

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In Suffolk Superior Court in Massachusetts, three people who were injured on March 25 when a runaway freight train hit an MBTA commuter train in Canton, have filed a personal injury lawsuit against the Massachusetts Bay Transportation Authority, the Massachusetts Bay Commuter Railroad Co., CSX Transportation, and Cohenno Inc.

150 people were hurt in the accident that happened after a shipping depot allegedly neglected to secure a freight car on its property, causing it to escape from the yard, roll onto the Stoughton rail line, and strike the rush hour train.

Some 120 people had already filed claims against the MBTA, and this is the first personal injury lawsuit. The plaintiffs are Easton resident Vickie Beaulieu, Stoughton resident Jennifer Kimbrel, and Canton resident Mary Ellon Gleason.

The MBTA has already filed a lawsuit against CSX Transportation, the rail freight carrier that is accused of not properly securing the freight car and Cohenno Inc., the owner of the depot that was supposed to house the car.

All three plaintiffs of this Massachusetts train accident lawsuit were passengers on the commuter train. They say that they suffered “severe, grievous, and permanent injuries” and are accusing the defendants of negligence, carelessness, and recklessness.

Train accidents can result in serious personal injuries. Just last week, several passengers were injured and the MBTA train operator was killed when a commuter train rear-ended another. Federal investigators are now reporting that the operator, Terese Edmonds, may have been speeding before the Green Line train she was operating slammed into the other train.

Train sped before crash, NTSB says, Boston.com, June 1, 2008

Investigators Rule Out Track, Brake Problems In Train Crash, Courant.com, June 5, 2008

Related Web Resources:

MBTA Files Lawsuit Over Canton, Massachusetts Train Accident that Injured 150 and Caused Property Damage, Altman & Altman LLP

Massachusetts Bay Transportation Authority

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