Boston Injury Lawyer Blog

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

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

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

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

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

It is the responsibility of property owners and managers to make sure that a premise is safe from hazards that can cause serious injury or death to patrons, residents, visitors, customers, or workers. If someone you love died or you were seriously injured because of a person or an entity’s failure to properly maintain, inspect, or repair hazardous conditions on a premise, our Boston premises liability lawyers can help you explore your legal options.

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

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

Premises Liability, Justia

Related Web Resource:

Workers' Compensation Insurance

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

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

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

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

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

Our Boston, Massachusetts law firm represents families all over Massachusetts with wrongful death claims and lawsuits against parties that caused their loved ones’ deaths. You have three years from the date of the wrongful death to file a lawsuit. It is important that we start investigating your case as soon as possible.

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

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

Related Web Resource:

Beverly Police Dept.

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The Occupational Safety and Hazard Administration says that the owners of the Salem Harbor Power Station failed to protect three workers that died when a faulty boiler ruptured at the plant on November 6, 2007. Following its investigation into the deadly work accident, OSHA says that it found 10 serious safety violations at the plant, owned by Dominion Energy New England, including a failure to enter or inspect the area where the blast occurred for the past several years.

Engineer Phillip Robinson, rookie Mathew Indeglia, and mechanic Mark Mansfield were killed when the Unit 3 boiler tubes broke—enveloping them in steam with a temperature that was close to 600 degrees.

Dominion Energy New England officials say they will dispute the claim that they failed to protect the company’s employees from getting hurt or killed on the job. A Dominion official says that an inspection found that the cause of the boiler explosion was an undetectable defect in an old weld that joined two pipe pieces.

OSHA has ordered Dominion to pay $46,800 in safety violations, and more fines may be pending. The company says that the majority of the violations have been remedied.

OSHA says that is essential that Dominion identify and eliminate any dangers to workers and take the necessary steps (including conduct proper maintenance and inspections), to prevent future leaks.

Other fines that may be pending include $4,500 for improperly storing compressed gases in cylinders and $6,300 for failing to inspect the "dead air space" area of the coal-fired boiler that ruptured.

The surviving family members of the victims are considering filing a Massachusetts wrongful death lawsuit against Dominion.

If you were seriously injured on the job or someone you love died in a work accident anywhere in Massachusetts, you should contact our Boston work injury law firm for your free consultation. One of our Boston workers’ compensation lawyers can make sure that you are getting paid the full benefits that you are entitled to and that you receive your payments on time. If someone you love has died, we can also make sure that you receive all of the financial benefits that you are entitled to receive. You also may be able to file a Massachusetts wrongful death lawsuit against any liable third parties.

OSHA finds Salem plant failed to protect men who died, Boston.com, May 15, 2008

Salem Harbor Resumes Operation After 2007 Plant Catastrophe, an Industrial Info News Alert, Marketwire.com, April 25, 2008

Workers In Salem Plant Explosion Die From Injuries, WBZTV.com, November 7, 2007

Occupational Safety and Health Administration

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The Second District Court of Appeal in Los Angeles has reduced the $30 million wrongful death judgment against actor Robert Blake to $15 million. Blake,74, had lost the wrongful death lawsuit filed by the estate of his murdered wife Bonny Lee Bakley, but filed an appeal.

Blake said that the jury that awarded the judgment had engaged in misconduct and that the court made procedural mistakes. The appeals court, however, said that it did not find any evidence of jury misconduct or that the trial court had made errors. It did, however, find that the $30 million award was “excessive” and cut the judgment in half.

If Bakley’s estate does not agree to the new award amount, there will be a new trial to determine wrongful death damages.

Blake was tried for Bakley’s 2001 shooting death, which took place outside Vitello’s, a restaurant that she and Blake frequented. The two of them have a daughter named Rose, now 8.

Blake said that he left his wife in the car while he went back to the restaurant to get his gun that he left at the restaurant table. Blake said that he carried a gun with him and had hired a bodyguard to protect Bakley, who he thought was being followed.

Blake says he returned to the car and found his wife had been shot. She was pronounced dead upon arrival at a nearby hospital. Blake was arrested and charged with her murder nearly one year after her death.

One of Blake’s more famous roles as an actor was the television detective named Barretta on the television show with the same name. He has been acquitted of all criminal charges.

If someone you love has died because of the negligent, reckless, or criminal actions of another party, you may be able to sue for wrongful death damages. The best way to determine if you have grounds for a case is to contact a Boston, Massachusetts wrongful death lawyer.

Financial recovery could include pain and suffering, loss, future financial support, medical and funeral costs, and other related-damages.

Court cuts Robert Blake's wrongful death judgment, Reuters, April 26, 2008

Actor Blake Appeals Wrongful Death, ABCNews.com

Related Web Resources:

Robert Blake Timeline, People/CNN

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Nancy Magee, a Whitman, Massachusetts woman, is suing pet store chain PetSmart for the death of her husband. Her wrongful lawsuit, filed in federal court in Boston, alleges that Thomas Magee and two other people became infected with a rodent virus during their transplant surgeries. All three people had received their organs from the same woman, who is believed to have contracted the virus from her pet hamster, which she had purchased at a PetSmart in Warwick, Rhode Island.

Thomas Magee, 54, underwent a successful liver transplant surgery at Massachusetts General Hospital on April 10, 2005. The hospital delayed his release after he developed high blood pressure and a fever. On May 5, his wife Nancy was notified that he would need another kidney and liver transplant. Thomas died on May 7, 2005.

Later that month, the Rhode Island Health Department announced that Magee, and two other transplant patients—a double lung recipient from Massachusetts and a kidney transplant patient in Rhode Island—had died after becoming infected with the rodent virus.

Magee’s cause of death is listed as lymphocytic choriomeningitis. The virus is found in hamsters, mice, and other rodents. Symptoms are usually not fatal unless the person with the infection already has a compromised immune system.

Humans can contract the virus if they come into contact with the rodent’s saliva, fecal droppings, nesting materials, or urine—especially if the materials come into direct contact with a person’s nose, broken skin, eyes, or mouth. A rodent bite can also transmit the virus. The CDC says that it cannot be transferred between humans—although organ transplantation is now being investigated as a means of getting the virus.

Nancy Magee says that PetSmart was negligent when it failed in its duty to warn customers that hamsters might have the virus, as well as notify them that it could be dangerous for people with weak immune systems.

Nancy Magee is filing her wrongful death lawsuit on behalf of herself and their three children.

Our Boston wrongful death law firm represents clients throughout Massachusetts.

PetSmart Sued Over Infected Hamster Blamed in Three Deaths, Boston Herald, April 16, 2008

Suit: husband’s death tied to hamster, Wicked Local Whitman, April 16, 2008

Related Web Resource:

Lymphocytic Choriomeningitis, CDC.gov

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Dr. Rapin Osathanondh, the Massachusetts gynecologist whose patient died last September at his Women’s Health Center in Hyannis, is being sued for wrongful death. The wrongful death plaintiff is Eileen Smith, the mother of 22-year-old Laura Hope Smith, who died during an abortion procedure. Smith is asking for punitive damages for the gross negligence that she says caused her daughter’s death.

The wrongful death lawsuit was filed on March 10 in Barnstable Superior Court. Smith’s defense team says that Osathanondh failed to properly monitor Laura’s vital signs while she was under anesthesia. Osathanondh and a receptionist were the only ones present during the abortion.

The receptionist called 911 after Smith stopped breathing. Cause of death was “cardiac pulmonary arrest during anesthesia during a voluntary termination of pregnancy.”

Osathanondh says that Laura’s death was an unfortunate outcome and that he was not negligent. He surrendered his medical license and resigned from practicing medicine last month--just as Massachusetts Board of Registration in Medicine was about to suspend his license following Laura's death. His primary medical practice was located in Brookline.

Last week, Cape and Islands District Attorney Michael O'Keefe said he would try to obtain a grand jury criminal indictment against the gynecologist.

Gynecological Malpractice
Injuries caused by gynecological or obstetric malpractice can be very physically and emotionally traumatic for the patient. Injury victims and families of patients that have died because of medical malpractice are entitled to personal injury or wrongful death recovery. Our Boston, Massachusetts medical malpractice law firm would like to offer you a free consultation to discuss your case.

Common Kinds of Gynecological Malpractice:

• Abortion errors
• Inappropriate behavior during an examination
• Failure to diagnose
• Wrong diagnosis
• Hysterectomy mistakes
• Errors during testing
• Birthing errors

Doctor faces lawsuit, possible indictment, Cape Cod Times, March 21, 2008

Doc gives up license over Sandwich abortion death, Capecodtoday.com, February 21, 2008

Related Web Resource:

Cause and Effect Analysis of Closed Claims in Obstetrics and Gynecology, Green Journal, 2005

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Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

Motorcycle accidents are frequently catastrophic if not fatal for bikers, who have no protection from the impact of getting hit by a speeding car or a large tractor-trailer. Injuries can be permanent or take months to recover from. If a motorist dies in a car collision, the loss and trauma for surviving family members can last forever.

If you or someone you love was injured in a motorcycle accident or if someone you love has died in a motor vehicle crash, Our Boston, Massachusetts personal injury law firm would like to offer you a free consultation to discuss your case.

In 2007, 50 motorcyclists, 61 pedestrians, and six bicyclists died on Massachusetts’ roads.

Motorcyclists in Massachusetts are planning to appear on Beacon Hill in Boston on March 18, 2008 to support a bill imposing harsher jail sentences and fines on drivers convicted of serious right-of-way crashes that results in serious injuries or deaths.

The bill seeks to impose a 2.5 year mandatory jail sentence, a 10-year license suspension,and a $350 fine if someone is convicted.

Haverhill: Wife wins $8.5 million in husband's motorcycle death, fights to keep other driver in prison, Eagletribune.com, March 2, 2008

Bikers want more punishment for motorists in right-of-way accidents, Enterprisenews.com, March 17, 2008

Related Web Resources:

Massachusetts Law About Traffic Violation

State Traffic and Speed Laws

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A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

Pigaga, 46, says that her brakes malfunctioned. Police, however, after inspecting the Mercedes, say that the brakes did not malfunction.

The Young family is asking for millions of dollars.

Although the car accident occurred in Massachusetts, the civil lawsuit was filed in New Hampshire, where Pigaga and the Young family live.

Pigaga is still battling the criminal charge against her in Massachusetts. If convicted, she could face up to 2 ½ years in jail.

Our Boston, Massachusetts auto accident law firm has successfully represented many families and injury victims in their auto crash lawsuits. A number of these cases have involved pedestrian victims.

Common Scenarios that Can Lead to Pedestrian Accidents (PEDSAFE) Include:

1. The pedestrian walked or ran into the roadway at an intersection or midblock location and was struck by a vehicle.

2. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

3. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

4. The pedestrian was struck while crossing the road to/from a mailbox, newspaper box, or ice-cream truck, or while getting into or out of a stopped vehicle.

5. A vehicle struck a pedestrian who was: (1) standing or walking near a disabled vehicle, (2) riding a play vehicle that was not a bicycle (e.g., wagon, sled, tricycle, skates), (3) playing in the road, or (4) working in the road.

6. The pedestrian was standing or walking near the roadway edge, on the sidewalk, in a driveway or alley, or in a parking lot, when struck by a vehicle.

Plaistow woman faces wrongful death lawsuit in fatal crash, Eagletribune.com, March 12, 2008

Definition of Pedestrian Crash Types, PEDSAFE, Walking Info.org

Related Web Resources:

N.H. mother struck, killed at Mass. car wash, Boston.com, June 20, 2007

Wrongful Death, Justia

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The U.S. government is asking a federal appeals court to overturn a wrongful death verdict awarding $3.1 to the family of Quincy fisherman John McIntyre for his murder. McIntyre was allegedly murdered by FBI Informants James "Whitey" Bulger and Stephen "The Rifleman" Flemmi.

The government says the FBI is not responsible for the actions of their rogue agent, John J. Connolly Jr., who they accuse of betraying them when he notified the two informants that McIntyre was cooperating against them—resulting in the Quincy man’s murder.

The government says that Connolly crossed the line and became a criminal by betraying the FBI. The rogue FBI agent also allegedly received over $200,000 in bribes from Flemmi and Bulger.

McIntyre’s family, however, says the FBI knew that Connolly may have leaked the information to the two men but overlooked the agent’s illegal activities.

Court Judge Kermit V. Lipez has suggested that the FBI ponder its habit of “turning a blind eye” to the criminal activities of the two informants, who provided valuable information to the government about the Mafia.

The outcome of McIntyre’s wrongful death lawsuit is the first ruling against the government by the victims of Bulger and Flemmi.

In 2006, US District Judge Reginald C. Lindsay found that McIntyre was murdered because the FBI mishandled the two informants. He ordered the U.S. government to pay McIntyre’s mother and brother $3.1 million.

Flemmi, who has pled guilty to 10 murders and is serving a life sentence, admits to persuading McIntyre to go to a house in South Boston, after receiving the information from Connolly. At the home, McIntyre was interrogated, choked, and then shot.

If someone you love has died because of the negligence or recklessness of an entity or another person, one of our Boston, Massachusetts wrongful death lawyers can explore your legal options with you.

Witness says he lied during trial of man convicted in murder, Boston.com, March 5, 2008

US asks voiding of $3.1m award in slaying of Quincy fisherman, Boston Globe, March 4, 2008

Related Web Resources:

FBI found liable for Bulger, Flemmi, Boston Globe, September 26, 2008

Flemmi ties Connolly to 2 slayings, Boston Globe, October 15, 2003

Federal Bureau of Investigation

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A federal judge is allowing a $105 million wrongful death lawsuit against Dateline NBC: “To Catch a Predator” to proceed. The lawsuit, brought by Patricia Conradt, alleges that her brother, Dallas prosecutor Louis William Conradt Jr. committed suicide because a sting operation accused him of having an online sexual conversation with someone pretending to be a 13-year-old boy.

Patricia is also accusing NBC of “steamrolling” police into arresting Louis, 56, after he did not appear at the sting operation site. She is blaming NBC for causing her brother’s suicide and ruining his reputation.

NBC conducts the sting operation with Perverted Justice. Police officers pose as underage kids during the chats. The disguised officers try to persuade the men to come to a house with hidden cameras under the pretense that they will be having is sex together. At the house, the program’s host confronts them and police make their arrests.

In his ruling, U.S. District Judge Denny Chin said that there were enough facts brought by the lawsuit that suicide was foreseeable. Chin says that it was the responsibility of the police to prevent Louis from committing suicide and that they, along with NBC, were deliberately indifferent.

Chin says that it was not necessary for a heavily armed swat team to take Louis from his home when he had never been accused of committing any act of violence and there was no evidence that he was armed. An NBC television crew was there to shoot the arrest. At the scene, one police officer reportedly told a Dateline producer that the arrest would make “good TV.”

Chin noted that NBC involved itself in a police operation and persuaded officers to act in a manner that would help create more drama for its TV show. The judge allowed the case to move forward based on the plaintiff’s claims of violation of civil rights and emotional distress.

Critics have called “To Catch a Predator” a form of entrapment.

In Massachusetts, our personal injury law firm represents clients who have suffered physical and emotional harm caused by the negligence or recklessness of others. We also represent families who wish to file wrongful death cases against the party or parties that caused the deaths of their loved ones.

Judge approves "Predator" lawsuit against NBC, Reuters, February 26, 2008

Lawsuit proceeds vs. NBC's 'Predator' by family of suicide victim, USA Today, February 26, 2008

Related Web Resources:

Dateline NBC: To Catch a Predator, MSNBC.com

Perverted Justice

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Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence
• Aggressive driving
• Driver inexperience
• Bad road designs
• Bad weather

In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

The people who suffer the most in car crashes, bus accidents, truck collisions, and pedestrian accidents are usually the ones who had nothing to do with causing the accidents. The injuries, deaths, and pain and suffering of the victims and their loved ones cannot be measured. They can, however, speak to a Massachusetts personal injury lawyer to determine whether they are entitled to receive compensation for the harm that was done to them.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics

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Posted In: Bus Accidents , Car Accidents , Pedestrian Accidents , Personal Injury , Truck Accidents , Wrongful Death

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This week, attorneys involved in John Ritter wrongful death lawsuit began jury selection. The case finally goes to court more than four years following the September 2003 death of the beloved actor.

The late actor’s wife, actress Amy Yasbeck, and his children are suing cardiologist Joseph Lee and radiologist Matthew Lotysch, who both treated the actor. The trial will take place at Los Angeles County Superior Court in California.

Lotysch saw the actor in 2001. After conducting a body scan, the radiologist reported that there was nothing wrong with Ritter’s aorta but recommended that he see a cardiologist. Ritter did not pursue further treatment after Lotysch’s diagnosis. Ritter’s family says that Lotysch should have noticed that his aorta was enlarged.

In 2003, Ritter was on the set of his hit TV series, “8 Simple Rules for Dating My Teenage Daughter,” when he started to experience nausea, chest pain, and vomiting. He was rushed to the ER of Providence St. Joseph Medical Center in Burbank.

An x-ray of his chest was ordered but never happened. Dr. Joseph Lee diagnosed the 54-year-old actor as having a heart attack and treated him for one. According to the lawsuit filed by Ritter’s family, the treatment he received for the heart attack was the exact opposite kind of care that he needed. The family contends that he would have survived longer if he had been correctly diagnosed and received the proper treatment.

The family is suing both doctors for failing to properly diagnose and treat the actor, as well as for negligence.

The amount that the family is suing for--$67 million—is partially based on the amount of money the actor could have made had he lived.

In other wrongful death claims related to Ritter’s death, his family has received some $14 million in settlements from several medical entities. Providence St. Joseph Medical Center settled their wrongful death case with the Ritter family for $9.4 million.

Our Massachusetts medical malpractice attorneys can determine whether injuries were sustained because of the negligence or carelessness of a doctor, nurse, surgeon, dentist, radiologist, cardiologist, or any other medical health care provider.

John Ritter's Medical Treatment Disputed, AP.com, February 5, 2008

John Ritter’s widow talks about wrongful death suit, MSNBC.com, February 4, 2008

Related Web Resources:

John Ritter wrongful death lawsuit settled, MSNBC.com, March 15, 2006

Actor John Ritter dead at 54, CNN.com, September 12, 2003

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Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians—especially at night or during rain or snow storms. When a driver's carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008

Focusing on the Senior Pedestrian, U.S. Department of Transportation

Related Web Resources:

Traffic Safety, NHTSA

Street Smarts for Seniors, Canada Safety Council

Crash Statistics, PEDSAFE

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