Boston Injury Lawyer Blog

The father of a teenager who was injured three years ago when the homemade bomb he made exploded is suing the store that sold explosive caps to his son boy for Massachusetts personal injury. The defendants in the case are Dee’s Corner LLC, which owns Dee’s Corner Convenience Store in Lynn, and Panaria International, which imports and distributes the “Mighty Popper” product.

Joel Surette was 13 when he bought the explosive caps. He lost the tips of two of his fingers on May 1, 2008 after the device he’d made, using about 100 of the caps, duct tape, and cardboard, went off.

In his Lynn, Massachusetts injuries to a child complaint, Joel’s father, Bernard Surrette, says that store workers told his son that the caps had three times more “explosive material” than other caps, which is why his son chose to buy this particular cap, and that the product (like all fireworks—unless handled by a professional) is illegal in Massachusetts. The elder Surrette’s complaint contends that the store did not exercise reasonable care when it made the Class C fireworks available and should have known that his son might use the fireworks in a manner that could cause him serious harm or injury. He also says that Joel also bought other fireworks that were openly displayed at the store.

Fireworks Can Cause Injuries
The Centers for Disease Control and Prevention says that in the US in 2008, there were approximately 7,000 emergency room visits because of fireworks-related injuries and seven deaths. Children, teens, and males are those most likely to sustain firework injuries. The hands, fingers, legs, and eyes are the body parts most likely to sustain injuries in a fireworks accident. Burns are also common.

If a dangerous product causes injury to you or a loved one—and the product doesn’t warn of the possible risks—or the distributor shouldn’t have been offering the product for sale to consumers—you may have grounds for filing a Massachusetts products liability lawsuit.

Father of Swampscott teen hurt in fireworks blast sues store, ItemLive, April 30, 2011

Suit filed over fireworks sale to boy, 13, Eagle Tribune, April 30, 2011

Fireworks-Related Injuries, CDC

Related Web Resources:
The National Council of Fireworks Safety

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011

Alcohol-Infused Whipped Cream: The New FourLoko?, Boston Injury Lawyer Blog, December 13, 2010

Continue reading "Lynn, Massachusetts Personal Injury Lawsuit Filed in Case of Teenager Hurt When Homemade Bomb Explodes" »

The family of Samantha Mattei is suing MBTA and trolley operated Aiden Quinn for Boston personal injury. Mattei is one of 68 people who were injured in the 2009 MBTA green line trolley accident caused by Quinn, who was text messaging.

Mattei, who was a freshman at Merrimack College at the time, broke her back and sustained a serious concussion, facial lacerations, nerve damage, and other injuries when she was thrown from her seat and into a pole. According to the 21-year-old’s family, she also continues to suffer from nausea, vertigo, headaches, memory loss, and speech impediments.

Mattei also now walks with a cane, needs help getting around campus, cannot drive, and may lose her scholarships because she has a hard time concentrating and her grades have suffered. Also since the Boston train accident, Mattei has fallen seven times and had to go to the hospital emergency room. Her family’s MBTA accident lawsuit is seeking compensation for Mattei’s pain and suffering, lost wages, and medical expenses.

Prosecutors say Quinn, who pleaded guilty to negligent operation of the trolley, passed through a red light and two red lights before striking another trolley. Mattei’s family say that MBTA should have properly evaluated Quinn’s driving record (he had prior speeding tickets), and failed to stop drivers from talking on a cell phone while operating trains even though they knew that distracted driving can cause train accidents. Several other victims from the green line trolley crash have filed Boston injury lawsuits.

The National Transportation Safety Board released its report about the trolley accident this week. In addition to confirming that Quinn ran a red light because he was texting, NTSB said that that there should have been a system in place to stop the trains automatically if they came too close to hitting each other.

NTSB confirms texting led to ’09 trolley crash, Metro, April 28, 2011

Crash victim’s family files lawsuit against T, Boston, April 30, 2011

Victim from texting crash sues T, Boston Herald, April 30, 2011

Related Web Resources:
Massachusetts Bay Transportation Authority

National Transportation Safety Board

More Blog Posts:
MBTA Releases Documents Relating to 2009 Accident on Green Line, Boston Car Accident Lawyer, November 12, 2010

Boston Green Line Train Crash that Injured Dozens is A Reminder of Why Text Messaging And Driving Don’t Mix, Boston Injury Lawyer Blog, May 12, 2009

Continue reading "2009 MBTA Green Line Trolley Accident: Family of Injured Salem Woman Files Boston Injury Lawsuit" »

According to The Berkshire Eagle, over the last 2 ½ years, three workers at two Pittsfield nursing homes have been convicted of crimes involving Massachusetts nursing home abuse. One worker was convicted of rape and two others for assault. Two of the people who were convicted already had prior criminal records when they were hired at the Massachusetts assisted living facilities.

Considering that, per a recent report by the U.S. Department of Health and Human Services’ Office of the Inspector General, over 90% of nursing homes in the US employ at least one worker with a criminal history, the two workers’ past records aren’t surprising. It doesn’t help that in Massachusetts, assisted living facilities are only required to check for criminal records within the commonwealth. This means that a person convicted of a crime in another jurisdiction could still get hired in the state.

Apparently, in the Pittsfield cases, the nursing homes’ administrators did background checks but the workers' criminal histories were not discovered. For example, Jerald H. Sullivan, a former employee at Hillcrest Commons Nursing & Rehabilitation Center, had a criminal record in Vermont when the Pittsfield assisted living facility hired him as a certified nursing assistant in 2009. The 54-year-old CNA is accused of raping an elderly female patient in her room. Sandra A. Yankley, a former Springside of Pittsfield nursing home worker, was convicted last year of assaulting an elderly nursing home patient. Yankley too already had a criminal record when she was arrested.

It is important that assisted living facilities and the companies that own them make sure that they don’t hire anyone who is at risk of committing Boston nursing home abuse or neglect. Elderly and sick patients are easy targets for abusers, violent persons, and sexual predators. Massachusetts nursing homes must do everything they can to protect their residents.

Our Boston injury lawyers are here to make sure that negligent assisted living facilities are held liable when their negligence allows/causes a resident to get hurt, neglected, sick, or die.

Assaults cast pall on nursing homes, The Berkshire Eagle, April 24, 2011

Study Finds Criminal Pasts of Nursing Home Workers, The New York Times, March 2, 2011

Related Web Resources:
Read the Report by the Office of Inspector General

Massachusetts Department of Public Health

More Blog Posts:
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, May 31, 2011

Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011

Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge, Boston Injury Lawyer Blog, November 10, 2011

Continue reading "Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?" »

A little over one month after the death of a 4-year-old Dudley Boy who fell in an Auburn Massachusetts escalator accident, the Boston Globe says that state Public Safety Department records of inspection show that only 44 out of 188 shopping mall escalators in Massachusetts were inspected annually over the last three years—that’s 144 escalators that haven’t been inspected each year even though state law requires it. Also, according to the records, from 2008 to 2010 some of the elevators weren't checked by inspectors for two consecutive years.

The Globe says that when the mall escalators were checked, more than half the time they needed repairs. Mall escalators had to be temporarily shut down because of safety concerns. Industry specialists say that mall escalators should be checked yearly because they sustain a lot of wear and tear from being used by so many people. Following DiBona's death, two inspectors were suspended for failing to block off a gap at the top of the escalator that was too wide.

Some causes of escalator accidents:

• Stopping abruptly
• Starting abruptly
• Wet or slippery surfaces
• Fingers, toes, or clothing getting caught on the escalator’s metal teeth
• Inadequate inspection
• Faulty repairs
• An emergency stop button that doesn’t work

There may be more than one party who should be held liable for your Boston personal injuries from an escalator accident. An experienced Boston injury lawyer can help you figure out whether you have grounds for a case claiming Massachusetts products liability, premises liability, or personal injury.

Most mall escalators lack full state inspections, Boston.com, April 25, 2011

Family Of Boy Who Died On Escalator Issues Statement, CBS Boston, March 15, 2011

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 13, 2011

Family of Woman Who Died in MBTA Escalator Accident Files Suit, Boston Car Accident Lawyer Blog, November 3, 2009

Worcester Jury Awards Massachusetts Teen $2.85 For Escalator Accident that Mangled His Hand, Boston Injury Lawyer Blog, December 27, 2007

Continue reading "Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually" »

In a tragic police shooting that’s made national headlines, Danroy Sr. and Angella Henry are suing New York police officer Aaron Hess and the village of Pleasantville where he works for their son’s wrongful death. Hess shot and killed Danroy DJ” Henry last October outside a bar at a shopping center in New York last year.

The Henry family is from Easton, Massachusetts. If you'll recall, our Boston injury lawyers reported on this case earlier this year. At the time, Henry's parents had filed a wrongful death claim saying that they intended to file a $120 million lawsuit. They said their son was murdered.

The shooting happened October 17, 2010 when a police officer encountered unruly patrons outside Finnegan’s Grill. He called for backup and about 50 cops arrived at the scene.

According to police, an auto driven by Henry accelerated and struck a cop with its mirror. The officer, who ended up on the hood of the vehicle, then shot at the driver. When the vehicle kept moving, another cop shot at the car.

Some witnesses, however—including those who were riding in Henry’s car at the time—say that the reason he was driving away was because one of the police officers ordered him to leave the fire lane. They say that the officer on the hood started shooting at Henry before he could slow down the car.

Earlier this year, a grand jury refused to indict Hess in Henry’s death. Hess recently was given an award by the Pleasantville Police Benevolent Association over his handling of what the union described as “this ordeal.”’

Danroy Henry Sr. told CNN that he believed the grand jury was presented faulty evidence. In the Henrys’ wrongful death lawsuit, they claim that Hess exhibited a “reckless disregard for human life.” They also contend that their son’s civil rights were violated. The Henry’s are seeking compensatory and punitive damages.

If the jury finds that Hess used excessive force when apprehending the 20-year-old Pace University football player, they would then award a wrongful death verdict to his parents. The outcome of this case is unrelated to whether or not criminal charges were filed against Hess.

Family of slain student files lawsuit, Boston, April 21, 2011

Parents of gunned-down student file wrongful death suit, CNN, April 20, 2011

Related Web Resources:
Wrongful Death Claims, Nolo

Wrongful Death, Justia

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyers Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyers Blog, January 3, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyers Blog, February 15, 2011

Continue reading "Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit" »

The parents of the mental health counselor who was allegedly murdered by a patient at the North Suffolk Mental Health Center is suing the clinic and others for her Revere wrongful death. Stephanie Moulton, a 24-year-old Peabody woman, died on January 20. Now, Robert Moulton and Kimberly Flynn are seeking punitive damages from the group home.

According to authorities, Flynn was allegedly killed by Deshawn Chappell, who was her patient, during a counseling session in her office at the Revere facility. He is accused of then dumping her body behind a Lynn church before stealing her car and driving off. Last month, a Suffolk County Superior Court found that the 27-year-old Chelsea resident was not competent to stand trial. He was, however, arraigned for first-degree murder.

In their Revere, Massachusetts wrongful death complaint, Flynn’s parents are claiming that the staff neglected to check Chappell’s history for violence and criminal record. They also contend that the facility did not train staff on how to deal with violent situations and does not let workers conduct criminal background checks to determine whether a patient should be allowed to live in the group home. They also allege that even when staff workers were aware that Chappell was off his meds they were not allowed to take action to fix the problem. Moulton’s parents are also suing Chappell, Dr. Nancy McDonnell, Dr. Donald Goff, the group home ‘s board of directors, and others for her Massachusetts wrongful death.

Group homes, nursing homes, and other long-term care facilities can be held liable for violent crimes that occur on their premise that result in serious personal injuries or deaths. It is their responsibility to make sure residents aren't too dangerous to house in a group setting and that employees don't have a history of criminal or sexual violence.

Family of Slain Peabody Social Worker Files Wrongful Death Suit, Peabody Patch, April 21, 2011

Parents of slain Revere counselor file lawsuit, MyFoxBoston, April 21, 2011

Related Web Resource:
North Suffolk Mental Health Center

More Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer, February 4, 2011

Family of 100-Year-Old Woman Files Massachusetts Wrongful Death Lawsuit Against Dartmouth Nursing Home and Roommate Charged with Her Murder, Boston Injury Lawyer, May 31, 2010

Massachusetts Nursing Home Negligence?: Level 3 Sex Offenders are Working and Living in Assisted Living Facility, Boston Injury Lawyer, February 25, 2010

Continue reading "Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home" »

Two days after 21-year-old Justin Amorratanasuchad fell four-stories to his death in a Boston fall accident from the top of a South End apartment building, the city is warning landlords to secure their buildings’ rooftops. The Emerson college student was working on a film project on the roof when he stepped backward, lost his balance, and fell. Police discovered his body at the back of the building at around 10:45 am on Sunday. Amorratanasuchad did not live in the building.

According to investigators, it looks as if someone had tampered with the lock to the roof entrance. Following the Roxbury fall accident, the property managers installed metal plates with dead bolts on the door and are planning more improvements.

The Inspectional Services Department is looking to see whether the building managers committed any violations. For example, if the lock had been broken for a while and no efforts were made to repair it, there could be the issue of unsafe maintenance. CSOH Properties LLC of Boston is the property owner.

Just yesterday, another man suffered serious injuries in a Massachusetts roof fall accident. This one occurred on Beacon Street in Brookline. The 22-year-old Babson College student was watching the Boston Marathon with friends when he fell four stories through the rooftop skylight, striking the stairway railings and other objects as he went down. He is expected to recover from his injuries and could be released as early as today.

The building where the Brookline fall accident happened doesn’t have a roof deck. Police are trying to determine whether anyone should have been allowed on the flat roof.

Boston Premises Liability
Landlords, property owners, business owners, store owners, and other owners of private and public properties must make sure there are no hazards on a premise that could cause or allow injuries or death to occur. Failure to fulfill this duty can result in Boston injury or wrongful death recovery for victims and/or their families.

An experienced Boston injury lawyer can talk to you about your legal options.

‘Genius’ Emerson College filmmaker mourned after fall, Boston Herald, April 19, 2011

City warns landlords to secure rooftops, Boston.com, April 19, 2011

Emerson Film Student Falls To His Death From Roof, WBUR.org, April 18, 2011

Related Web Resources:
Inspectional Services Department, Boston.gov

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2010

Massachusetts Fall Accident: Burlington Deck Collapse Injures Six, Boston Injury Lawyer Blog, September 17, 2010

Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof, Boston Injury Lawyer Blog, July 16, 2010

Continue reading "Emerson College Student Dies in Boston Roof Fall " »

11 apartment residents were rushed to the hospital this morning after suffering from carbon monoxide poisoning. Officials say that a faulty furnace in an apartment building may have caused the Nantucket injury accident. The 11 victims “close to death.” Four police officers and one firefighter also went to the hospital because they were exposed to CO.

Police arrived at the Macy Lane residence after a receiving a call from someone reporting that several people in the building were sick. Six of the sick residents were found in the upper-floor apartments, while five residents were discovered “incapacitated” in the apartment located in the basement where the carbon monoxide levels were the highest.

State law requires that there be a carbon monoxide alarm on each floor. According to Massachusetts Fire Marshall Stephen Coan, there were detectors in the building but their batteries weren’t working.

Carbon Monoxide Poisoning
Because carbon monoxide is an odorless, colorless gas that people cannot see, smell, or taste, it is so important that there be working CO detectors on a premise. Considered the number one cause of accidental poisoning deaths in the US, the Centers for Disease Control and Prevention says that CO poisoning results in over 15,000 ER visits and about 500 people a year. Severe CO poisoning can cause brain injury, heart problems, coma, and death.

Property owners must make sure there are no appliance or hazards on a premise that could lead to CO poisoning. They also must make sure that there are working carbon monoxide detectors in the building. Also, the manufacturers of products that produce CO must make sure that there are no defects or malfunctions that could cause too much carbon monoxide to be emitted into the air.

Nantucket cops: carbon monoxide poisoning puts 11 in hospital, Boston Herald, April 16, 2011

Carbon monoxide sends 12 to hospital, Boston, April 17, 2011

Related Web Resources:
Carbon monoxide poisoning, Mayo Clinic

Carbon monoxide, Centers for Disease Control and Prevention

More Blog Posts:
Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee, Boston Injury Lawyer Blog, March 18, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011

$6.8 Million Boston Wrongful Death Judgment Awarded Over NU Student’s Fatal Fall Down Bar Stairs, Boston Injury Lawyer Blog, February 27, 2011

Continue reading "Nantucket Carbon Monoxide Poisoning Incident Sends 11 Apartment Residents to the Hospital " »

A number of people have come forward claiming that they were the victims of Massachusetts child sexual abuse while attending Camp Good News. The ex-campers made their allegations after US Senator Scott Brown revealed that he was molested at a Cape Cod religious camp when he was a boy. The camp was later identified as attending Camp Good News, a Christian Camp in Sandwich.

While the Boston Globe last week counted six adults alleging child sex abuse at the camp, one Boston injury lawyer claims that 13 people—2 women and 11 men—have contacted him claiming that they were abused while attending the camp. The Cape Cod sex abuse incidents allegedly occurred between the 1970’s and 1990’s and multiple perpetrators were allegedly involved. However, some of the adults did say that they were molested by Charles “Chuck’’ Devita, a camp employee who killed himself last week after a an ex-camper said Devita sexually abused him.

In the wake of the allegations and the ongoing investigation, Camp Good News announced that it will be closed this summer.

Child Sexual Abuse
Time and again, our Boston injury lawyers have seen the impact child sex abuse can have on the victim and his/her family. Sex abuse is a damaging crime that can cause serious physical, emotional, and psychological harm to a victim. The perpetrator may be someone the child knows, such as a trusted friend, relative, teacher, doctor, counselor, priest, or babysitter. In these cases, there is the additional trauma of having that assailant be someone who violated the victim's trust.

If you were sexually abused or your son or daughter has been molested or sexually assaulted, you may have grounds for a Boston sexual abuse lawsuit.

2 more ex-campers allege abuse, but not by man who took own life, Boston.com, April 8, 2011

Man: I told Camp Good News about Chuck Devita's child porn, MyFox Boston, April 12, 2011

Related Web Resources:
Camp Good News

Child Sex Abuse, MedlinePlus

More Blog Posts:
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011

Clergy Sexual Abuse Lawsuit: Victim Sues the Pope, Boston Injury Lawyer Blog, September 24, 2010

Boston Sexual Assault: Former High School Basketball Coach Faces Criminal Charges for 1976 Rape, Boston Injury Lawyer Blog, April 18, 2010

A Plum Island construction accident lawsuit seeking Newburyport wrongful death and injury damages has made it way to the state’s Supreme Judicial Court. At issue is whether the plaintiffs, who have already received Massachusetts workers’ compensation benefits, should also be able to collect civil damages.

Timothy Wentworth and his son Ezekiel Wentworth were involved in a serious Newburyport construction accident on August 2005 when, while spraying waterproofing material in a home, a pilot light went off, causing the water heater to burst into flames. The two men sustained serious burn injuries with Timothy, 51, dying and Ezekiel suffering disfigurement so serious that he has had to undergo several surgeries.

The Wentworths, who were a subcontractor on that construction job, did not carry workers’ compensation insurance. Following the Plum Island injury accident, Cheryl Wentworth filed a Massachusetts workers’ compensation claim with builder Henry C. Becker, who had hired the father and son. She also sued Becker for Plum Island wrongful death and her son’s personal injuries.

Under Massachusetts law, employers must make sure that its employees, and, in most instances, their subcontractors have workers’ compensation coverage. In her claim, Cheryl said that Becker let an insured subcontractor work. A settlement was reached between the two parties.

Becker contended that injured subcontractors cannot collect both Massachusetts injury damages and workers’ compensation benefits, and a Superior Court judge sided with him. An appeals court panel agreed with the Wentworths, whose lawyers said that the case Superior Court Judge Thomas R. Murtagh based his ruling on was flawed. The Wentworths say that since the father and son weren’t Becker’s employees, they don’t have to only receive either Massachusetts injury compensation or workers’ compensation benefits.

High Court to hear case of deadly PI accident, Newburyport News, April 5, 2011

Wentworth v. Henry C. Becker Custom Building Ltd., Masscases.com

Related Web Resources:
Workers' Compensation, Mass.gov

Massachusetts Wrongful Death

More Blog Posts:
Department of Transportation Worker Falls Into Shaft in Ted Williams Tunnel in Boston, Massachusetts Workers' Compensation Lawyer Blog, April 10, 2011

Massachusetts Contractor Fined for Safety Hazards at Hultman Aqueduct Project, Massachusetts Workers' Compensation Lawyer Blog, April 10, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyer, January 19, 2011

Continue reading "Family that Obtained Massachusetts Workers’ Compensation Over 2005 Plum Island Construction Accident Wants Newburyport Wrongful Death and Injury Recovery" »

More than two years after 17-year-old Taylor Meyer drowned in a swamp near the abandoned Norfolk Airport, her family has settled her Massachusetts wrongful death lawsuit with Plainville siblings Brian and Paige Zuzick. Meyer died after wandering off from an underage drinking party at the old airport on October 17, 2008.

Meyer’s family contends that friends directed a drunken Taylor, who had attended three parties that evening, toward the swamp instead of the street. She was found three days later, face-down in the shallow water that was no more than 100 yards from where the party had taken place.

In their Norfolk wrongful death complaint, the plaintiffs accused Brian of having a friend purchase two bottles of rum, which he gave to Paige, who offered some of the alcohol to Meyer. The friend accused of buying the alcohol, North Attleboro resident Sean Flynn, is still a wrongful death defendant, as are Dianne Stark from Wrentham, Matthew Dusseault of Norfolk, who is accused of bringing beer to the airport party, and Matthew Riddoch, also of Norfolk, who allegedly was one of those involved in setting up the party area.

Massachusetts Wrongful Death
A person doesn’t have to have directly caused a fatality to be held liable for Massachusetts wrongful death. In some cases, a person’s negligent actions that contributed to or allowed a death to occur can be reason enough. Depending on the specifics of your Boston wrongful death case, you may be entitled to compensation for medical costs incurred by your loved one prior to his/her passing, funeral, burial, or cremation expenses, loss of income, future earnings, lost benefits, your pain, suffering or mental anguish, loss of care, protection, and companionship, and/or other damages.

Meyer family settles suit in girl's death, The Sun Chronicle, April 6, 2011

Taylor Meyer’s family settle lawsuit, Boston Herald/AP, April 6, 2011

Wrongful death lawsuit filed in Taylor Meyer case, Wicked Local, January 13, 2010

Taylor Meyer’s Mom Files Massachusetts Wrongful Death Lawsuit Against Friends and Parent, Boston Injury Lawyer Blog, January 13, 2010

Related Web Resources:
Massachusetts Summary of State Wrongful Death and Intestacy Statutes, Justice.gov

Wrongful Death, Justia

More Blog Posts:
Family Wants the Right to Sue Bank of America for Waltham Man’s Massachusetts Wrongful Death, Boston Injury Lawyer, March 15, 2011

Craigslist Murder: Victim’s Mother May Sue Copley Marriott Hotel for Boston Wrongful Death, Boston Injury Lawyer, February 28, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist, Boston Injury Lawyer, January 25, 2011

A day of drinking beer turned tragic on Saturday night after two men who were roughhousing fell out of a moving bus on Route 2. The victims are 31-year-old Thomas Johnson of Gardner, who died from his injuries, and 34-year-old Seth Davis of Winchendon, who sustained serious injuries from the Massachusetts bus accident.

According to police, the two men were on a Colonial Tours charter that had taken them on a daylong pub crawl of several breweries when they fell out of one of the windows on the bus. According to Telegram.com, the 3-foot-10inch-by-2-foot-5-inch window, which opens from the bottom, is located in the bus bathroom. The bus driver reportedly didn’t know the two men had fallen out of the bus, which was carrying over 50 partiers and moving at a speed of 60 mph, and kept on going for several miles.

The Boston Herald reports that Davis’ mother has said that passengers on the bus believe that the bus’s faulty equipment is to blame for the tragic Massachusetts injury accident. Police are investigating the fall incident.

Massachusetts Personal Injury
Massachusetts follows a modified comparative negligence system. This means that an injured party can recover compensation if his/her fault in causing the injury accident is determined to be less than 51%. The victim cannot recover anything if fault is found to be 51% or greater. Also, courts in Massachusetts abide by the common law doctrine of joint and several liability. This means that every defendant in a case is liable for the entire verdict amount regardless of how much each one is determined to be at fault and if one defendant cannot pay, the other defendants are still responsible for covering the whole judgment.

If you or someone you love was seriously injured in an accident, an experienced Boston injury lawyer can help you determine whether you have grounds for a case. In some instances, there may be more than one party who should be held liable.

Bus fall investigated, Telegram.com, April 4, 2011

Fatal tumble out of pub-crawl tour bus, Boston Herald, April 4, 2011

Related Web Resource:
Colonial Tours

More Blog Posts:
Brockton Wrongful Death Trial Over Fatal Massachusetts Bus Accident Involving Disabled Pedestrian to Be Held In Boston, Boston Injury Lawyer Blog, October 27, 2011

UConn Student from Westminster, Massachusetts, Killed by Campus Shuttle Bus, Boston Car Accident Lawyer Blog, March 23, 2011

Bicyclist Hit, Killed in MBTA Bus Accident, Boston Car Accident Lawyer Blog, April 9, 2010