Boston Injury Lawyer Blog

In Boston, lawmakers are considering whether to impose stricter driving regulations on elderly senior drivers. The debate comes in the wake of several high profile Massachusetts car accidents this month involving senior motorists.

Just today, an 83-year-old Malden driver faces negligent operation charges following an accident that left a 78-year-old woman with life-threatening injuries. Police want the Massachusetts Registry of Motor Vehicles to evaluate whether the man’s license needs to be revoked.

Already this week the Massachusetts Registry of Motor Vehicles took away the driver’s license of Virginia Nelson, an 86-year-old Malden motorist. She is accused of hitting and seriously hurting an 84-year-old Medford pedestrian in Melrose over the weekend.

The pedestrian, Francis Blomerth, is in critical condition at Massachusetts General Hospital. Melrose officials believe that Blomerth was in the crosswalk when Nelson's vehicle struck him.

Massachusetts and local police are investigating the Melrose pedestrian accident. At this time, Nelson has not been cited for any crime.

On June 15, elderly motorists were involved in separate Massachusetts auto crashes in Lawrence and Andover. The drivers lost control of their vehicles, striking a lamp post, trees, and cars.

On June 3, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. Eight people went to the hospital.

On June 2, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.

Representative Chairman Joseph Wagner says lawmakers are going to put together a comprehensive bill and place it on the “fast track” so that it is ready for a floor vote by September.

The bill calls for elderly drivers to pass a road and vision test every five years after they turn 85 if they want to renew their Massachusett's driver’s license. Under current state law, individuals must only pass a vision test every 10 years.

There are many reasons why a Massachusetts jury might find a motorist liable for causing your Boston car accident.

Lawmakers hear call for more regulation of elderly drivers, Boston.com, June 30, 2009

Legislators discuss proposed elderly driving bill tomorrow, The Eagle Tribune, June 29, 2009

Driver, 86, has license revoked after allegedly hitting pedestrian, Boston.com, June 29, 2009

Related Web Resources:
Senior Drivers, Insurance Information Institute

Elderly Drivers, DRDriving.org

Continue reading "Two More Massachusetts Car Accidents Involving Elderly Drivers Adds Fuel to Issue of Whether the State Needs Tougher Driving Rules for Older Seniors " »

An 88-year-old Canton driver that is accused of striking and killing a child pedestrian is contesting the criminal charges that were filed against her. Ilse Horn allegedly hit Stoughton resident Diya Patel on Saturday on June 13 while the 4-year-old was crossing Route 138 on a scooter with her grandfather and siblings.

Horn was charged with motor vehicle homicide by negligent operation for the Stoughton pedestrian accident, and the state of Massachusetts has revoked her driver’s license. The Registry of Motor Vehicles considers her an “immediate threat.”

Horn has been found responsible for causing five car accidents since 1982. The senior driver was also driving when her husband was killed in a 1992 auto collision.

Charles Gunther Horn died of “massive crushing chest injuries” after Horn’s vehicle “drifted” off Highway 101 in California, striking a sign post and tree branches before flying over Highway 169 and “overturning.” The coroner’s report indicates that Horn fell asleep. No criminal charges were filed against her.

Since her husband’s death, Horn was found at fault for two Newton motor vehicle crashes that occurred within a 3-month period in 2001. In 1995, she was cited for speeding in West Roxbury.

The tragic accident is once more calling attention to state Senator Brian A. Joyce’s efforts to push forward legislation requiring Massachusetts drivers, 85 and older, to pass a comprehensive test every 5 years. There is growing concern that many older drivers may have lost the alertness and quick reflexes needed to prevent a motor vehicle accident from happening.

For older seniors, it can be hard for them to accept that the time may have come for them to surrender their car keys. Not only must they deal with losing some of their independence, but giving up/losing their driving privileges could impact their living situation and their ability to see friends or take part in certain activities.

Regardless, it is important for drivers of all ages to make sure that they are able to safely operate their motor vehicles on Massachusetts roads so that no one gets hurt—otherwise, the motorist could be held liable for personal injury or wrongful death if a tragic traffic accident occurs.

Senior was driver in husband’s fatal crash, Boston Herald, June 26, 2009

Woman, 89, charged in accident that killed girl, 4, Boston.com, June 16, 2009

Related Web Resources:
Why Giving Up the Car Keys Is Such a Loaded Issue, Caring.com

Time for talking is over for old drivers, Boston Herald, June 19, 2009

Senator Joyce talks about his bill to test elderly drivers, Audio.Weei.com, June 15, 2009

Continue reading "Stoughton, Massachusetts Pedestrian Death: 88-Year-Old Driver Contests Charges That She Struck 4-Year-Old On Route 138" »

As our Boston MBTA accident lawyers at Altman & Altman, LLP know, the injuries and damages from a serious train crash can be devastating. Just yesterday in Washington DC, at least 9 people died and over 70 people were taken to local hospitals after one subway train rammed into another train during the rush hour commute.

The force of impact from one train colliding with the other was so strong that the striking train became compressed to approximately one-third its actual size, and a number of people were crushed to death. Rescuers had to use a crane to locate some of the bodies and firefighters had to use other heavy equipment to cut open the cars and rescue the survivors that were trapped inside.

8 of the people that died were train passengers. Jeanice McMillan, the train operator of the striking train, was also killed in the deadly train collision.

The National Transportation Safety Board is trying to determine the cause of the deadly train crash. Some of the possible factors under consideration include signal failure, mechanical problems, computer failure, and train operator error. Investigators are working to retrieve recorders from the train that was hit. The train that initiated the collision, however, is an older train that does not come with this device.

NTSB official Debbie Hersman says that a few years ago, the NTSB had recommended that the older fleet either be retrofitted or phased out. Back then, the NTSB noted safety problems involving trains rolling back on the tracks and operators being unable to stop the them.

Hersman says it is “unacceptable” that Metro did not act on the recommendations. Metro says that it has, however, upgraded the emergency exits and braking systems of the older trains. The striking train in Monday’s crash belongs to the 1000 series of trains that, according to the Washington Post, is now being phased out. These trains make up 30% of the Metrorail’s train fleet. Officials are calling Monday’s train collision the worst in the Metrorail’s history.

NTSB: Train in crash was recommended for phaseout, Boston.com, June 23, 2009

Nine Killed in Red Line Crash, The Washington Post, June 23, 2009

Related Web Resources:
Massachusetts Bay Transportation Authority

Metro Home Page

Continue reading "Boston MBTA Accident Attorneys: Deadly DC Train Crash Kills at Least 9 People and Injures Over 70 Others" »

In Massachusetts, US District Judge William G. Young told the federal government that it must pay the family of Richard J. Castucci $6.25 for his wrongful death. Castucci, a Revere nightclub owner, was murdered in 1976 in a mob slaying organized by FBI Informants Stephen Flemmi and James Bulger. Bulger, is also known as “Whitey” Bulger and Flemmi has been called “The Rifleman.”

Young awarded Castucci’s widow $3 million for loss of financial and emotional support. Two of the murdered man’s children, Brian and Lisa, were each awarded $750,000. His two other children, Richard and Denise, are to each receive $500,000. The family received an additional $743,600 for the income that Castucci would have made if he hadn’t died, as well as $8,000 for funeral costs.

Flemmi, who is serving a life prison sentence, and John Martorano, a former hit man who became a government witness, provided details about Castucci’s murder. After Bulger and Flemmi discovered that Castucci was an informant, Martorano shot him in the head.

In 2008, US District Judge Reginald C. Lindsay issued a ruling holding the FBI responsible for Castucci’s murder because of the agency's negligent management of Flemmi and Bulger. Bulger continues to be one of the fugitives on the FBI’s Most Wanted list.

This is the third wrongful death complaint filed against the federal government involving their mishandling of the gangsters. All three lawsuits have resulted in outcomes that favored the plaintiffs.

In 2006, a judge ordered the FBI to pay Quincy fisherman John McIntyre’s brother and mother $3.1 million for his Massachusetts wrongful death. McIntyre was murdered in 1984. An appeals court upheld that award. Just last month, the government was ordered to pay the families of Michael Donahue and Edward Halloran almost $8.25 million for their murders.

Losing someone you love is hard. It can be especially devastating to know that they died because they were murdered. The criminal justice system can hold people accountable for their crimes, and you, too, may able to hold them accountable in civil court.

Judge awards $6.25 million to family in 1976 mob killing, Boston.com, June 11, 2009

Rat Pack pal’s kin seeks money in Whitey Bulger hit, Boston Herald, May 18, 2009

Related Web Resources:
James J. Bulger, FBI.Gov

Wrongful Death, General Laws of Massachusetts

Around the globe on June 15, organizations will hold events to mark World Elder Abuse Awareness Day. The day supports the United Nations International Plan of Action that recognizes elder abuse as a public health and human rights problem.

Unfortunately, many people around the world still fail to recognize and/or stop elder neglect or abuse when these incidents happen. The more people are made aware that elder abuse and neglect exists, the easier it will be for them to identify such incidents and take steps to protect their loved ones. Otherwise, elder abuse and neglect incidents will continue to occur in private residents and in nursing homes throughout the world.

Elder Abuse
Elder abuse involves intentional acts that cause injury or poses a serious risk of harm to an elderly person. The person that commits elder abuse is usually someone who has a relationship of trust with the vulnerable elderly person, such as a nursing home worker, a professional caregiver, someone placed in charge of the elderly person’s financial affairs, or a family member thrust into the role of caring for an elderly relative. Elder abuse can consist of physical abuse, emotional abuse, sexual abuse, financial exploitation, neglect, or abandonment.

OWL, The Voice of Midlife and Older Woman, says that in the United States 1-2 million elderly Americans are the victims of elder abuse. People suffering from dementia are at greater risk of becoming abuse victims. In 2007, The Long Term Care Ombudsmen received some 14,000 allegations of nursing home neglect or abuse.

Not only do our elderly deserve to be treated with respect and have their civil rights upheld—which cannot happen if they are being abused or neglected—but mistreating an elderly person increases their fatality risk by 300%.

Signs that your elderly loved one is a victim of abuse or neglect:

• Unexplained bruises, cuts, or broken bones
• Injuries or deaths that occurred after an elderly person was not supervised properly
• Sudden weight gain or loss
• Mood swings or depression
• The elderly person appears fearful or withdrawn or upset for "no good reason"

World Elder Abuse Day, International Network for the Prevention of Elder Abuse

Elder Abuse: A Women's Issue, OWL

Related Web Resources:
Nursing Homes, Mass.gov

Nursing Homes in Massachusetts, NursingHomeInfo.com

Continue reading "Stop Boston Nursing Home Abuse and Neglect: World Elder Abuse Awareness Day is June 15, 2009" »

Massachusetts Governor Deval Patrick says he’ll support legislation mandating that drivers, 85 and older, must pass road and eye tests every year before their driver’s licenses can be renewed.

With people living longer, the Insurance Institute for Highway Safety says that by 2025, 25% of all US drivers will be at least 65, and there is a growing concern that some older drivers may become less safe drivers as their reflexes get slower, their vision blurs, or their health deteriorates.

In Massachusetts last Friday, seven people got hurt in a Plymouth car crash involving a 73-year-old driver who drove over a curb and into a crowd of people that were attending a war memorial. This was the third car accident that the elderly driver was involved in since she turned 70.

In Danvers, on Thursday, a mother and a toddler got hurt when a 93-year-old motorist accidentally drove his car into a Wal-Mart in Danvers.

NHTSA 2007 Older Population (65 and Older) Traffic Statistics:
• There were 30 million older drivers with licenses.
• There were 38 million people age 65 and older in the US.
• 196,000 older people got hurt in US traffic accidents.
• 79% of deadly traffic accidents involving older drivers occurred during the day.
• 71% of these fatal crashes involved other motor vehicles.
• 64 of the 551 drivers involved in deadly Massachusetts traffic crashes belonged to this older population.

According to the Insurance for Highway Safety’s 2007 Fatality Facts Involving Older People:
• Auto collisions make up 1% of deaths involving people age 70 and above.
• Today’s older drivers are keeping their licenses longer and traveling more miles via roads.
• Per mile traveled, fatality crash rates go up at age 75 and after age 80.

Pressure mounts to test elder drivers, Boston.com, June 8, 2009

Older people 2007 Fatality Facts, IIHS.org

Traffic Safety Fact Sheets, NHTSA

Related Web Resources:
Safe Roads Now, AARP.org, Senior Drivers

Insurance Information Institute

Continue reading "Preventing Boston Car Accidents: Lawmakers and Groups Calling on Massachusetts to Retest Elderly Drivers" »

In Massachusetts, the families of Boston firefighters Warren J. Payne and Paul J. Cahill have reached a $2.2 million Boston wrongful death settlement with defendants Tai Ho Mandarin and Cantonese restaurant, J& B Cleaning, and the restaurant’s landlord, Continental Realty LLC. The two men died in 2007 while trying to put out a fire at the restaurant. 12 other firefighters were sent to the hospital following the blaze.

The plaintiffs contended that the three companies knew or should have known that grease from the exhaust pipe in the restaurant kitchen had leaked into the ceiling. They claim that this caused the fireball that killed Cahill and Payne. While Payne died immediately, Cahill died from smoke inhalation.

Autopsy reports indicate that there were signs of cocaine in Payne’s system and alcohol in Cahill’s body. This information was given to the defendants before a Massachusetts wrongful death settlement was reached. The attorney for Continental Realty maintains that his client did nothing wrong.

J & B Cleaning had been hired to clean the stove, the area around it, and the floor under it. Massachusetts fire codes require restaurants to make sure that exhaust ducts are cleaned each quarter and all grease buildup is eliminated. While J & B cleaned the hood and the stove, a cleaning receipt shows that the company failed to clean the duct.

The two firefighters' families will share the Boston wrongful death settlement, with a portion of it to go to the city and another firefighter that got hurt in the blaze. Since the deadly West Roxbury blaze, Massachusetts and Boston have created tougher regulations that commercial kitchen grease cleaners have to follow. Boston cleaners now have to register with the Fire Department and pass a certification test before they can work in a city restaurant.

Boston workers that are injured or killed on the job are likely entitled to Massachusetts workers’ compensation benefits. They also may be entitled to Boston personal injury damages—or their families may be able to obtain Boston wrongful death compensation if a third party is found liable for causing the work accident.

Families get $2.2 million in BFD Tragedy, Boston Herald, June 6, 2009

2 firefighters die, 12 hurt in blaze, Boston.com, August 30, 2007

Related Web Resource:
Fire Department, City of Boston

Wrongful Death, The General Laws of Massachusetts

A Massachusetts mother and her one-year-old daughter had to be taken to local hospitals for treatment of their injuries sustained after a 93-year-old driver rode his car into a Danvers Wal-Mart on Tuesday. According to police, the driver may have intended to step on the brake but instead placed his foot on the gas pedal. Four other people, including the driver’s 90-year-old wife, were taken to the hospital following the Danvers car accident. The three other victims were suffering from shock following the incident.

The car, which entered through the store entrance, struck two cash register stations.

Senior Drivers
According to Helpguide.org, senior drivers are at higher risk than younger drivers of becoming involved in multi-vehicle car accidents. Of course, it is important not to generalize, as there are many senior drivers that can drive safely and capably well into their golden years. It is also important to note that a senior injured in a car crash is more likely than younger persons to sustain injuries that could prove fatal. The deadly crash rate for a driver in his or her 70's increases dramatically.

Factors of Aging that Can Impair Driving Include:
• Failed vision
• Loss of hearing
• Slower reflexes
• Limited mobility
• Health conditions, such as Parkinson’s, rheumatoid arthritis, or sleep apnea
• Impairment caused by medication
• Drowsy driving
• Dementia

With more people living longer these days—by 2050, one out of five Americans is expected to be age 65 or older—the number of senior drivers in Boston and on other roads throughout Massachusetts is likely to grow. However, there may come a time in an elderly person’s life when it is time to stop driving or risk causing injury or death to others.

Mother and baby injured as car crashes into Danvers Wal-Mart, Boston.com, June 2, 2009

Senior Citizen Driving, Helpguide.org

Related Web Resources:
Senior Drivers, Insurance Information Institute

Massachusetts Registry of Motor Vehicles

Continue reading "93-Year-Old Massachusetts Driver Crashes Car into Danvers Wal-Mart, Injuring a Mother and Toddler" »

The Consumer Product Safety Commission reports that nearly 300 kids 4 ages 4 and under are killed in pool and spa accidents a year, while some 3,000 others are injured. More than 50% of the child victims are under 3 years of age. 80% of fatal drowning accidents involving child victims occur in spas and pools in private residences.

With summer approaching, these disturbing figures are an important reminder of why pool and spa owners and operators need to make sure that kids are properly supervised in the pool area and that fencing is placed around the pool or spa to prevent children from getting into the water when no one is around. It’s also time for the owners and managers of public pools and spas to replace their pool drain cover with the newer, safer drain cover mandated under the Virginia Graeme Baker Pool and Spa Safety Act.

This new law requires all public pools and spas to be fitted with the anti-entrapment drain cover and when applicable, the anti-entrapment system. According to the CPSC, 11 people were killed and 69 others were injured in spa and pool entrapment accidents. The new drain covers are supposed to prevent the drain from attaching to a person’s body part or bathing suit, causing the suction to hold the victim under water until he or she drowns. Kids are especially susceptible to becoming the victim of pool entrapment accidents.

Drowning also continues to be a huge problem affecting kids, with children younger than 14 making up more than one in four deadly drownings. Victims that do survive near-drowning accidents will sometimes sustain traumatic brain injuries that could impair them for life.

If your child is injured or killed in a spa or pool on someone else’s premise, you may have grounds for filing a Boston premises liability complaintor a Massachusetts products liability lawsuit, including:

• Improper supervision
• Lifeguard failure
• Defective pool drain
• Inadequate fencing around pool
• Lack of emergency/rescue equipment
• Wrongful death

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas

Related Web Resources:
Read the 2009 Report
, CPSC (PDF)

Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Pool Safety

Continue reading "Prevent Boston Pool and Spa Drowning Accidents by Installing New Drains and Implementing the Proper Safety Measures, Says CPSC" »