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$1.2 Million Massachusetts Personal Injury Lawsuit Blames Pumpkinfest for Man’s Health Issues

Dwayne St. Marie is suing the organizer of Pumpkinfest for Massachusetts personal injury. St. Marie claims that loud music and smoke from the yearly festival in 2011 caused him to suffer a major cardiac incident. He is seeking $1.2 million in compensation.

At the time of the 2011 Pumpkinfest, St. Marie resided in an apartment overlooking the festival site in Turner Falls, MA. He says that smoke from a vendor under his home and the music playing at the event caused him to suffer a migraine headache while weakening his respiratory and cardiac systems. St. Marie blames organizer Michael Nelson or the festival volunteers for putting a food vendor with exhaust vents in a spot where there were upper-story residences.

In his response, Nelson is seeking to have the Massachusetts injury case dismissed. He claims that St. Marie’s health issues are results of the plaintiff’s own negligence, which he believes is more than any negligence on the defendant’s part. St. Marie is seeking $39,288 for medical costs, $951,913 for lost income, and $250,000 for unspecified damages.

Massachusetts Premises Liability
Event organizers are supposed to protect patrons and others from Massachusetts personal injury by ensuring there are no hazards at the venue or related to the event that could cause harm. When failure to provide these protections leads to injury or health issues, those affected may be able to pursue a premises liability case to recover damages.

Because Massachusetts uses a modified comparative model for personal injury, liability is dependent upon which party was over 51% accountable. This means that even if a victim’s actions contributed in a minor manner to the incident that caused injury, the defendant could still be held liable if the latter’s negligence was greater.

You want to retain the services of an experienced Boston injury lawyer who can help you pursue the financial recovery you are owed.

Pumpkinfest faces $1.2M smoke, noise lawsuit, The Recorder, November 12, 2014

Loud music, smoke blamed in man’s $1.2 million lawsuit against Pumpkinfest, The Berskhire Eagle/AP, November 13, 2014

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