Boston Injury Lawyer Blog

Even as an investigation into the “suicide” death of a Massachusetts woman who was visiting the US Virgin Islands continues, the family of Joan Baruffaldi is suing her husband, Robert Harris, for her wrongful death.

The veterinarian and mother of two, age 45, and her husband had been attending a conference at the island of St. John earlier this month when Harris says he found her hanging by her bathroom belt rope from the hotel bathroom’s curtain rod. Baruffaldi was later pronounced dead at the hospital. The local medical examiner declared her death a suicide.

Harris told authorities he and his wife locked herself in the bathroom after a day of fighting and drinking. He says he heard a crash coming from the locked room and thought she had passed out. Minutes later he contacted hotel security who opened the bathroom door.

Baruffaldi’s family, however, doesn’t believe that she killed herself. The couple fought frequently during their marriage, which lasted less than three years. She even told authorities she was afraid Harris would poison her. Her 14-year-old son from an earlier marriage wrote in a document for a restraining order that he had seen abuse. Baruffaldi later had the restraining order vacated. Her sister had reportedly even warned her not to go to the Virgin Islands.

Baruffaldi’s relatives want another autopsy conducted. Today, a Massachusetts judge removed Harris as the executor of Baruffaldi's estate.

Boston Wrongful Death
Family members of a person who dies may have grounds for filing a Boston wrongful death lawsuit against the person or entity that they believe is responsible for the fatality. Depending on the specifics of the case, a plaintiff may have grounds for suing a negligent car driver, trucker, doctor, product manufacturer, or another liable party. When murder may have been involved, surviving relatives may have cause to sue the suspect for Massachusetts wrongful death.

Joan Baruffaldi's husband removed from will, MyFoxBoston, November 25, 2009

Legal tangle follows death, Boston Globe, November 24, 2009

Related Web Resources:
Massachusetts Wrongful Death, General Laws of Massachusetts

Wrongful Death, Justia

A mother and two of her children were transported to Lowell General Hospital after the three of them were struck by a motor vehicle while crossing the street on Sunday. The woman was pushing her kids, ages 2 and 4, in a carriage when the Lowell pedestrian accident happened. The 4-year-old boy was thrown from the carriage and sustained head injuries. The Massachusetts pedestrian accident happened in a Lowell crosswalk.

The driver of the motor vehicle, Chamroeun Theam, was charged with OUI. Theam already has one previous drunk driving conviction on his record.

This is the second Lowell pedestrian accident to happen within a week. A 12-year-old pedestrian got hurt when Michelle P. Medeiros struck him at a highway intersection. The 17-year-old motorist was rushing to a hair appointment

Kelvin Savanhmixay was thrown 20 feet during the Lowell pedestrian accident. The sixth grader sustained neck injuries, head injuries, and suffered internal bleeding. Savanhmixay will likely have to undergo a number of surgeries.

Medeiros was charged with hit-and-run for leaving a Lowell car crash site involving a Massachusetts personal injury. The teenager says she didn’t know she had struck the boy.

Child Pedestrians (NHTSA 2008 Traffic Safety Facts):

• 270 child pedestrian deaths involving kids under age 14.
• 13,000 child pedestrian injuries.

Pedestrian accidents continue to be a major cause of accidental deaths involving kids. While children cannot file injury claims in Massachusetts, a parent or guardian can file an injuries to minor lawsuit on their behalf. Pedestrian injuries can be extremely painful and result in internal bleeding, permanent brain damage, paralysis, disfigurement, and even death.

Mother, children hit by car in Lowell, Boston.com, November 23, 2009

Teen Driver Cited In Lowell Hit-And-Run, WBZ, November 20, 2009

Children, 2008 Traffic Safety Facts, NHTSA (PDF)

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Pedestrian Safety, Mass.gov

Continue reading "Mother and Two Young Children Injured in Lowell Pedestrian Accident " »

When shopping for kids’ toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of "most dangerous toys" because of the injury risks that WATCH says the items pose:

• Spy Gear Viper Blaster: May cause eye injuries.
• Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries.
• Cat “Rugged” Mini: Toy construction vehicle comes with metal spoke that may cause puncture wounds.
• Curious Baby Curious George Counting – My First Book of Numbers: Watch says the 5 beads embedded in the book can pose a choking hazard.
• Lots to Love Babies Mini Nursery: Comes with accessories that are a choking hazard risk.
• X-Men Origins Slashin’ Action Wolverine: The toy’s small parts make this a choking hazard.
• Pucci Pups Maltese: The puppy’s “hair” can be pose an aspiration hazard. Its long leash is a strangulation hazard.
• The Dark Knight Batman Figure: May cause possible penetration and blunt impact injuries.
• Just Kidz Junior Musical Instruments: The drum’s stick can cause choking injuries if placed in the mouth.
• Moon Board Pogo Board: WATCH warns about possible head injuries and impact injuries.

The Consumer Product Safety Commission says that there were at least 19 toy-related fatalities in the US last year. Meantime, hospital emergency rooms treated 235,000 toy injuries. Despite the number of toy-related injuries and deaths that happen every year, WATCH director James Swartz noted toy makers continue to manufacture toys that pose similar dangers year after year.

Products liability-related accidents involving malfunctioning or defectively designed toys, nursery products, kids’ clothing, playground equipment, kids’ furniture, and other children’s products continue to happen. It can be devastating to find out that the toy that you bought for your son or daughter was the cause of injury or death. Toy manufacturers are supposed to test their toys and make sure that they aren’t dangerous for kids to use. Young kids especially may not realize that putting small objects in their mouths might cause them to choke.

10 most dangerous toys of 2009, MSNBC, Today

2009 "10 Worst Toys" List, WATCH

Related Web Resources:
Why Do We Need Healthy Toys?, HealthyStuff.org

Finding safe toys this holiday season, CNET

US Consumer Product Safety Commission

Continue reading "Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys" »

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit.

At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn’t stop the vehicle.

Campos says her boyfriend, a Brazilian national, wanted to avoid arrest because he was in the US illegally. Police say that Martins had been at a bar and smoked pot before the car chase. The high-speed pursuit ended when Martin’s drove his vehicle onto a lawn.

According to the Cape and Islands District Attorney’s report, Van Ness got out of the vehicle and approached Martins, who then allegedly tried to hit the cop with his car. That’s when Van Ness shot Martins through the lung and heart. Van Ness has been cleared of any wrongdoing.

However, Campos and others in the Brazilian committee disagree with this finding.They say that Van Ness used excessive force when apprehending Martins. The police officer has also been accused of violating the Martin’s constitutional rights and depriving the victim's children with Campos of a father’s support and love. Campos says the experience caused her emotional trauma and physical signs of injury. She says the town of Yarmouth failed to properly train Van Ness to do his job.

Police are supposed to refrain from using excessive force when apprehending or arresting anyone. Per Lectlaw, they are only allowed to use the degree of force reasonably necessary to make an illegal arrest. Excessive use of force is a violation of one’s civil rights and can lead to Massachusetts personal injury or wrongful death.

Yarmouth police officer, town sued in fatal shooting, Cape Cod Times, November 5, 2009

Excessive Force, Lectlaw

Related Web Resources:
Police Brutality

Town of Yarmouth

Continue reading "Woman Files Massachusetts Wrongful Death Lawsuit Accusing Yarmouth Police Officer of Using Excessive Force to Apprehend Boyfriend" »

A 77-year-old Wollaston, Massachusetts woman sustained serious bite injuries when she was attacked by an English bulldog outside her home. The dog, which will be put down, belongs to a neighbor. This was the second time the animal had bitten the elderly victim.

Lee Salvucci bitten on her arms and left leg during the dog mauling. Her backyard is next to the dog owner’s yard and there is no fence separating the two properties. The dog, named Cooper, managed to attack Salvucci after chewing through its leash.

Salvucci was doing yard work when the Massachusetts dog attack happened. A neighbor helped fend the animal away.

The 77-year-old dog bite victim has called the attack “traumatic.” There was blood all over her following the dog attack. She had just been to the hospital a couple of weeks ago after Cooper attacked her the first time.

A neighbor reports that Salvucci will likely require skin grafts for her dog bite injuries.

Neighbors say dog owner Eric Penzo has received a number of complaints about Cooper walking through Salvucci’s yard.

Dog attacks can be very traumatic for the victim and the injuries can be painful and scarring, possibly even causing nerve damage, infection, skin abscess, lymphangitis, impetigo, cellulites, bacterial tenosynovitis, rabies, physical disability, disfigurement, or death.

In Massachusetts, dog owners are held strictly liable for any injuries inflicted by a dog, regardless of whether or not any actual negligence was involved. However, the dog bite victim must prove that he or she did not provoke the animal and was not trespassing on the owner’s property.

Elderly dog attack victim recounts horror, Boston Herald, November 12, 2009

Bulldog Attacks Woman, 77, Twice, WCVB, November 11, 2009

Related Web Resources:
Who Is Liable: Owners and Keepers, Hugpug.com

Dog Bite Prevention, CDC

Continue reading "Massachusetts Dog Attack: English Bulldog Seriously Injures 77-Year-Old Woman " »

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the "Great New England Pumpkin Shoot".” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman's Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

The complaint claims that Spano’s son Michael, 15, was in charge of loading the gun. He gave the gun to the 8-year-old and told him how to use it. The weapon jammed twice. Michael cleared the gun.

As Christopher tried lifting the gun, the stock slid down, the barrel spun up, and the weapon went off while the young boy tried not to drop it. He sustained fatal head injuries.

The Biziljs contend that the Uzi submachine gun was defective, dangerous, and not properly serviced.

Massachusetts law makes it illegal to furnish minors with machine guns.

Event facilitators and the owners of the property where the function is taking place can be held liable for Massachusetts personal injury or wrongful death if there is an unsafe condition or a hazard on the premise that could/should have been remedied and the failure to do so caused or contributed to the injury or death.

Gun death spurs $4 million suit, Amherst Bulletin, November 13, 2009

Family Sues over Boy's Death at Massachusetts Gun Show, Insurance Journal, November 11, 2009

Related Web Resources:
look at gun expo flyer, WBZ (PDF)

Wrongful Death, Justia

Long known for the dependability of its strollers, manufacturer Maclaren may find that its reliable reputation has been tarnished following reports that 12 kids have suffered fingertip amputations while using its strollers. This week, Maclaren along with the Consumer Product Safety Commission, announced the recall of some 1 million strollers over concerns that fingertip amputations and lacerations can occur.

The children were injured when they placed their fingers in the stroller’s hinge mechanism when it was either being opened or secured. Nine models are included in the mass recall of products, which consists of both double and single umbrella strollers.

Recalled models are those made available in the US between 1999 and 2009: Easy Traveller, Twin Techno, Twin Triumph, TechnoXLR, Techno XT, Quest Mod,Quest Sport, Triumph, and Volo.

Parents and guardians are being told to stop using the strollers immediately and to contact Maclaren for a free repair kit.

Boston Products Liability
Injuries caused by a design flaw, a manufacturing defect, or a product malfunction can be grounds for a Boston products liability lawsuit. If the injured party is a minor, a parent or guardian will have to file the Boston injuries to minor complaint for damages.

Unfortunately, product manufacturers do make mistakes. It’s even more unfortunate for the infant or child who has been hurt because of such errors.

While recalls are a good way to find out about the dangerous defect before an injury or death occurs, in many cases someone will have already gotten hurt before a product defect is discovered and a recall is announced.

Maclaren's Stroller Recall: A Stumbling Response Online, Time, November 9, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:
Maclaren

Kids in Danger

Continue reading "Boston Products Liability?: Kids’ Fingertip Amputations Lead to Recall of Approximately 1 Million Strollers by Maclaren" »

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009

Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA

Continue reading "Boston Injury Accidents Caused by Drowsy Driving Are Preventable" »

It’s been eight months since an 82-year-old Dorchester woman died while riding an MBTA escalator. Now, the family of Helen Jackson is suing the Massachusetts Bay Transportation Authority for Boston wrongful death. The lawsuit alleges that Jackson died of strangulation when, during a fall accident while riding the escalator, her jacket, scarf, and hair got stuck in the metal machinery.

MBTA officials had implied that Jackson died because she went into cardiac arrest while riding the moving machinery located inside Orange Line’s State Street station. Witnesses, however, say otherwise.

A number of passersby unsuccessfully tried to free Jackson from the escalator, but they could not separate her clothing from the metal. Jackson died at the scene.

According to the family’s Massachusetts wrongful death complaint, a medical examiner found that Jackson’s cause of death was strangulation. She also sustained injuries and blunt trauma.

A state inspection determined that there were no defects with the escalator.

The Boston wrongful death lawsuit accuses the MBTA of failing to monitor the escalator (despite a history of accidents) and neglecting to provide Jackson with the proper medical response.

Also, an emergency call box reportedly did not work properly when someone tried to call for help. And although security cameras showed pedestrians rushing to help Jackson, no MBTA official saw what was happening and did not respond to the emergency.

Escalator accidents
The US Bureau of Labor Statistics reports that there are about 30 escalator/elevator fatalities a year. Over 17,000 people are injured in these kinds of premises liability accidents. Escalator accidents can be caused by:

• Escalator defects
• Poor maintenance
• Missing escalator teeth
• Escalator malfunction
• Screws coming out of the escalator
• Too big of a gap between the moving steps and the escalator’s sides
• Clothing or shoes getting stuck in the escalator

Also, the US Consumer Product Safety Commission says that the rate of escalator injury has doubled for older adults, with almost 39,800 elderly people injured between 1991 and 2005. Trip and fall accidents and slip and fall accidents were the most common kinds of injury accidents involving the elderly to occur on escalators.

Escalator is cited in death at T station, The Boston Globe, November 3, 2009

Rate Of Escalator Injuries To Older Adults Has Doubled, Science Daily, March 14, 2008

Related Web Resource:
MBTA

href="http://www.cbsnews.com/stories/2005/02/17/earlyshow/living/ConsumerWatch/main674650.shtml" target="_blank">Danger On The Escalator, CBS, February 17, 2005