Boston Injury Lawyer Blog

The family of Marianne Murphy has filed a Massachusetts auto products liability lawsuit against Toyota seeking damages for her wrongful death. The 47-year-old Medford woman died last October when her 2010 Toyota Camry accelerated out of control, causing her husband, Gerald Murphy, to crash the vehicle into an Interstate 93 South guardrail.

Gerald was also injured in the Massachusetts car accident. Their children were in the car with them.

According to the family’s Massachusetts wrongful death lawsuit, as Gerald removed his foot from the gas pedal to exit off the interstate on October 18, 2009, the Camry accelerated instead of slowing down. Gerald tried to slow down the car by stepping on the brakes, but the vehicle kept picking up speed until it struck the rails. The family contends that by the time the tragic Toyota runaway car crash happened, the auto manufacturer had already received a number of complaints that some of its vehicles were accelerating out of control.

Gerald is also seeking Medford, Massachusetts personal injury damages from Toyota. He claims he has suffered emotionally and physically from the tragic crash, and he may be permanently disabled.

The federal government has come down on Toyota for the acceleration problems that have led to the recall of over 8.5 million autos in less than 6 months. Problems with ill-fitting floor mat and a sticking gas pedal are the main issues that have caused a number of vehicles to accelerate out of control, and Toyota auto products liability complaints and wrongful death lawsuits are being filed by car crash victims and the families of those that have died.

On Friday, the National Highway Traffic Safety Administration announced that it had purchased a Lexus ES350 from a woman who was involved in a sudden acceleration Toyota accident. NHTSA says they will examine the vehicle.

Local Family Sues Toyota For 'Wrongful Death', The Boston Channel, February 27, 2010

NHTSA will test runaway Toyota vehicle, The Detroit News, February 27, 2010

Related Web Resources:
NHTSA

Toyota Motor Corporation Global Site

According to WCVBTV 5, there are level 3 sex offenders living and working in Massachusetts nursing homes. This category of sex offender is considered the most dangerous. They can be at risk of reoffending.

The idea that sexual offenders who are likely to strike again are living with other nursing home patients or providing them with nursing care is very disturbing to our Boston nursing home neglect and abuse lawyers. Their presence is a danger to the other residents, who risk becoming the victims of sexual assault, rape, molestation, uninvited fondling, harassment, and other sexually inappropriate behavior.

According to Team 5, there are two level 3 sex offenders living at the Old Soldier’s Home, a Chelsea nursing home. While the two men reportedly have not reoffended, A Perfect Cause, an organization committed to protecting nursing home residents throughout the US, says it has documented over 60 incidents of sexual and physical assault committed by molesters against nursing home residents.

In 2005, John Enos, a 69-year-old level 3 sex offender and nursing home patient in a wheelchair, allegedly raped his 90-year-old roommate. Prior to the incident, Enos had sexually assaulted his 9-year-old daughter. He died before he could be tried over the nursing home sexual assault.

Although it is illegal in Massachusetts for level 3 sex offenders to “knowingly and willingly” reside in nursing homes, the statute provides a loophole. Also, nursing homes don’t’ have to notify anyone that there is a level 3 sex offender working or living at the assisted living facility.

Boston, Massachusetts Nursing Home Negligence
Not only is it the responsibility for Boston nursing homes to provide the proper nursing and medical care to residents, but they must also protect their residents from becoming the victims of any type of crime. This means ensuring that prospective nursing home workers and patients do not have histories that could make them likely to abuse or neglect other residents. Also, any nursing home patients with violent physical or sexual histories must be kept away from other residents.

Sex Predators Live, Work Inside Local Nursing Homes, WCVB TV, February 18, 2010

Information for Sex Offenders, Mass.gov

Related Web Resources:
Commonwealth of Massachusetts Sex Offender Registry

Massachusetts Department of Public Health

A Perfect Cause

Continue reading "Massachusetts Nursing Home Negligence?: Level 3 Sex Offenders are Working and Living in Assisted Living Facilities " »

Questions are being raised over whether the handrails that line several miles of the Big Dig tunnel are a danger to Boston motor vehicle accident victims. Seven of the victims that died in the tunnel system between 2004 and 2008 were dismembered after they struck the handrails. One Massachusetts traffic accident victim who did survive lost an arm.

In Suffolk Superior Court, Massachusetts trooper Vincent Cila’s widow is suing the turnpike and Bechtel/Parsons Brinckerhoff for Boston wrongful death. Her Boston, Massachusetts motorcycle accident complaint claims that the sharp edges that support the handrails have the same effect on a person as would blades from a shredder. Cila was riding a motorcycle when he hit a handrail post in 2005. He severed his arm and broke his neck.

The handrails have earned the nickname “ginsu guardrails” after the ginsu knives. They were installed in the Big Dig System to prevent workers from falling into traffic.

The defendants in the Cila case claim that the handrails satisfy industry, federal, and state guidelines. However, the Boston Globe reports that experts they consulted with agree that the handrails’ design is flawed. They cite the handrails’ bars as being too widely spaced apart, which can cause a motorist to becoming entangled in the event that his/her vehicle hits the barrier. They also say that the railings should be placed higher up.

Currently, the handrails are placed a little under three feet above the ground. This is the approximate height of a car window or a motorcycle seat. The experts did say that recklessness and human error, such as speeding, and failure to wear seat belts, also contributed to the grisly Big Dig auto crashes.

Review of tunnel handrails is urged, Boston.com, February 22, 2010

Crash Deaths Spark Big Dig Tunnel Lawsuit, WCVB, February 22, 2010

Related Web Resources:
The Big Dig, MassDot

Massachusetts Highway Department

The US Department of Transportation says that consumers have filed complaints linking 34 car accident deaths to the acceleration defect that has prompted the automaker to recall millions of motor vehicles. While previous to Toyota’s decision to stop selling eight of its autos because of the sticking gas pedal defect there had been 21 deaths in the last 10 years linked to the acceleration issue, the NHTSA says that another nine complaints reporting another 13 fatalities and 10 injuries that have occurred in the last five years have been submitted.

One Toyota car crash involved a Harvard University professor who died after striking another auto because he was unable to control his 2005 Toyota Highlander. Two of the professor’s loved ones and the other driver also died.

In other Toyota collision news, a woman has filed a wrongful death lawsuit against the automaker. She claims that her husband died because his Prius accelerated suddenly before crashing. Just last week, Toyota recalled 437,000 hybrids (Prius, Sai, and Lexus ) over anti-lock braking system problems. That same day, the automaker recalled 7,300 Camrys over a brake defect. On February 12, Toyota recalled 8,000 Tacoma trucks (2010 model) over possibly cracked front drive shafts.

Now, the federal government says it will open a formal probe into the over 150 complaints it has received regarding the Toyota Corolla (’09 and ’10 models) and possible steering problems. One consumer reported problems with the vehicle weaving around in the lane when it reached speeds of over 60 mph. The complaint noted that this problem has already caused four near collisions.

In 2009, the Corolla was the number one selling car in the world and ranked five on the US car bestseller list.

Our Boston auto products liability lawyers are offering free case evaluations to discuss your Toyota acceleration accident case. Auto defects that cause a motorist to lose control of a vehicle can lead to catastrophic car collisions that endangers the people in the vehicle as well as those who are on the road and in other cars.

U.S. government plans formal investigation into Toyota Corolla complaints, The Washington Post, February 18, 2010

U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010

Toyota Recall News Reveals Tacoma and Prius Lawsuit, Newsoxy, February 15, 2010

Related Web Resources:
Toyota Motor Corp.

Toyota, National Highway Traffic Safety Administration

Continue reading "34 Auto Products Liability Fatalities Allegedly Were Caused by Toyota Acceleration Problem" »

Snow and ice on the ground are not only a danger to motorists, who must drive even more carefully to prevent their vehicles from slipping and sliding so they do not become involved in a Massachusetts motor vehicle crash, but also the ice and slush can prove a danger to people walking on sidewalks, driveways, in parking lots or on wet store floors. This it is why it is so important for cities, business owners, homeowners, and other property owners to clear ice and snow from their premises.

If a Boston slip and fall accident happens, not only is there a possibility that the victim can get seriously hurt—broken bones, hip injuries, back injuries, spinal cord injuries, neck injuries, joint injuries, and traumatic brain injuries are not uncommon—but the premise owner may find that he/she has become a defendant in a Massachusetts slip and fall lawsuit. Granted, Massachusetts landowners are not obligated to clear snow or ice that naturally accumulates on their property. However, if a defect exists that, along with the snow or ice, contributed to causing the Boston premises liability accident, the injury victim may have grounds to sue.

Slip and Fall Accidents
Property owners are not supposed to allow any hazard to remain on their property that can cause slip and fall, trip and fall, or step and fall accidents. Other offending fall accident dangers include spilled liquids or foods, floors that have been just mopped with water/cleaning liquid but have yet to dry, stairwells that lack handrails, uneven surfaces, exposed cables or power cords, item that are left on the ground, cracks on the floor, torn carpeting, loose floorboards, and inadequately lit stairwells.

A slip and fall hazard is a premises liability. If you were injured because a property owner was negligent, you have three years to file a Boston slip and fall lawsuit against the liable party.

Massachusetts slip and fall accidents can take place anywhere. It is important that you get medical help as soon as possible and that you or someone else takes photographs of the accident site while the evidence is still intact.

Snow and ice removal a matter of safety and liability, The Sun Chronicle, February 10, 2010

Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo

Tips to reduce slipping and falling in icy and snowy conditions, Dhhs.Mo.gov

Continue reading "Boston Slip and Fall Accidents are Common Occurrence When Snow and Ice Pose Additional Massachusetts Premises Liability Hazard" »

Robert F. Robinson and his son Mario have filed a federal lawsuit accusing two Attleboro police officers of Massachusetts police brutality. The Robinsons were arrested on July 12, 2007 in connection with a hit-and-run accident. The victim in the crash was the 13-year-old son of another cop, Detective Alex Aponte.

According to their Boston police brutality lawsuit, Detective Timothy Cook Sr. and Timothy Cook Jr., also a father and son, physically assaulted the Robinsons during the arrest. Robert Robinson was charged with leaving a crash site where personal injury is involved, aggravated assault and battery by means of a dangerous weapon, and negligent operation. Mario was charged with disorderly conduct and assault and battery on a police officer. The criminal charges against both of them were eventually dismissed.

In the Robinsons’ Boston police brutality complaint, which claims that their civil rights were violated, the plaintiffs say that Timothy Cook Jr. choked Mario and struck him on the face. Timothy Cook Sr. “menacingly” placed his weapon on a table, making Robert Robinson worry about his safety. Robert also claims that Cook Sr. shoved him against an elevator wall and made “derogatory” remarks in an attempt to spark a physical altercation.

The Robinsons are suing the city of Attleboro for its failure to properly train and supervise the cops—especially in cases involving victims that are the children of cops. They are seeking compensatory and punitive damages and other associated costs.

Police brutality can be grounds for a Massachusetts injury lawsuit. Examples of police violence include:

• Verbal abuse
• Intimidation
• Emotional abuse
• False arrest
• Sexual assault
• Unnecessary use of a Taser
• Unnecessary use of a gun
• Excessive use of physical force

Father, son claim excessive force was used, The Sun Chronicle, February 10, 2010

Related Web Resources:
Attleboro Police Department

Police Brutality, Human Rights Watch

The family of Amity R. Kozak and the state of Massachusetts are close to reaching a wrongful death agreement over her brutal slaying at the hands of former MBTA cop Helder “Sonny” Peixoto. Kozak, 29, was fatally beaten with a claw hammer and found in Peixoto’s Florida apartment on May 30, 2007, the same day that the former cop killed himself by jumping off a high-rise condo building. The two of them had recently become romantically involved.

Peixoto, 34, relocated to Florida in March 2004. Earlier that year, he pleaded guilty to motor vehicle homicide in the death of a 79-year-old man. He was sentenced to five years probation. Peixoto's driver's license was suspended for 10 years, and he was ordered to perform 100 hours of community service.

In their Massachusetts wrongful death lawsuit, Kozak’s family is accusing the state of negligence for letting Peixoto move to Florida while he was on probation. They claim probation officials in Massachusetts violated an interstate agreement that required them to obtain the consent of Florida authorities before letting the former Cambridge resident move there. Their complaint contends that by letting Peixoto leave the state, probation officials neglected to follow the law, which required them to get the consent of the Malden District Court.

Massachusetts Wrongful Death
You may be able to hold certain parties that were not directly responsible for causing your loved one’s death liable for Boston, Massachusetts wrongful death if their negligence, carelessness, or recklessness contributed to the fatality. Wrongful death recovery may include compensation for funeral and burial costs, as well as losses of income, care, protection, services, companionship society, comfort, counsel, guidance, advice, and other associated damages.

Family, state near settlement in 2007 slay suit, Boston Herald, January 28, 2010

Before suicide leap, ex-cop left trail of deceit, rage, The Palm Beach Post, June 3, 2007

Former City Council candidate, girlfriend found dead in suspected murder-suicide, Wicked Local, June 2, 2007

Related Web Resource:
Wrongful Death, Nolo

Massachusetts Law About Sentencing, Probation and Parole, Massachusetts Trial Law Library

The Massachusetts House passed a measure that would not only bar drivers in the state from talking on handheld phones, but also would prohibit them from texting while driving. The bill is the latest attempt by lawmakers to decrease the number of distracted driving accidents. A similar measure died in the Massachusetts Senate last year.

If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.

The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.

Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.

This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.

Mass. House OK’s driving safety bill, Boston.com, February 5, 2010

National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010

Related Web Resources:
National Safety Council

Cell Phone Laws, Insurance Institute for Highway Safety

Continue reading "Preventing Boston Motor Vehicle Accidents: Massachusetts House Passes Measure Banning Handheld Cellphones and Texting While Driving" »

According to two new studies, many nursing home patient in the US are still being given antipsychotic drugs to regulate their problem behavior. These findings come even after the US government has attempted to curb this practice and the Food and Drug Administration issued in 2005 its “black box” warning notifying patients that may increase their risk of death when they take these powerful medications.

Although one study reports that since the warning went out there has been a 19% drop in the use of atypical antipsychotics to treat elderly dementia patients, researchers say that antipsychotics still comprised 9% of all prescription meds given to these nursing home patients in 2008. Not only are antipsychotics used to treat schizophrenia and bipolar disorder, they are also used for “off label” purposes, such as controlling problem patients' conduct.

Dr. E. Ray Dorsey, the lead author of one of the studies and an assistant professor of neurology at the University of Rochester Medical Center, believes that most of the use that he documented was for “off label" purposes.The co-author of the second study, University of Massachusetts Medical School associate professor of medicine Becky A. Briesacher, notes that there is a disconnect between the prescribing patterns and the evidence.

Her study found that one-third of nursing home patients who are treated with antipsychotics are not suffering from psychosis or dementia. Also, elderly persons admitted to assisted living facilities with high antipsychotic prescription rates were more likely to also receive prescriptions for these meds.

While some nursing home patients benefit do benefit antipsychotic drug treatment, treating a patient with antipsychotics without proper cause can be harmful to the resident and may be grounds for the victim to file a Boston nursing home abuse lawsuit. Antipsychotics drug use can lead to serious side effects, such as seizures, severe lethargy, permanent involuntary muscle movements, and sudden death.

It is illegal for nursing home to administer antipsychotics to a resident unless the doctor has prescribed it and the patient has consented to the treatment. You can read more about these two studies in the Archives of Internal Medicine's January 11 issue.

Antipsychotics Still Widely Used in U.S. Nursing Homes, Business Week, January 11, 2010

Compromised Care: Psychotropic drugs given to nursing home patients without cause, Chicago Tribune, October 27, 2009

Related Web Resources:
Archives of Internal Medicine

US National Institute of Mental Health

Continue reading "Preventing Boston Nursing Home Abuse: Many Assisted Living Facilities Still Use Antipsychotics to Control Behavioral Problems, Say New Studies " »