Massachusetts Jury Awards Family $6.1 Million Wrongful Death Verdict In Gillette Stadium Metal Gate Lawsuit

The family of Cape Cod, Massachusetts resident Thomas Kelly was awarded $6.1 in the wrongful death lawsuit against Foxboro Realty Associates, Standard Parking, and Apollo Security. A Suffolk Superior Court jury awarded the $4.4 million judgment on Tuesday. With interest, the total could reach $6.1 million. The judgment will be shared between Kelly’s two sons and his wife.

Thomas Kelly, 64, was a retired high school English teacher who died in 2003 when the bus he was riding in was struck by a 300-pound gate at the Gillette Stadium Parking Lot in Foxboro. The gate slammed into the bus after being blown by a gust of strong wind. Its 8-inch double shafted pole smashed into the bus’s windshield and shot diagonally across the aisle.

The gate pierced the side of the bus and injured six people, including Kelly. He and two others were pinned by the pole. He broke his right leg and mangled his left one. Kelly underwent a number of surgeries and died from his injuries a few weeks later.

Kelly and the other bus passengers were going as spectators to a golf tournament when the tragic accident occurred. The jury found Apollo Security, Standard Parking, and Foxboro Realty Associates responsible for the unsecured gate. The jury exonerated the bus driver and the bus company, who were also named as defendants in the wrongful death lawsuit.

If you or someone you love was seriously injured on another person’s premise because the property owner did not take the proper measures to ensure that the place was free from hazardous or unsafe conditions, you should speak with a Massachusetts premises liability attorney immediately.

To prove a premises liability case in Massachusetts, the plaintiff must prove that:

1) The premise owner caused or allowed the unsafe condition to exist.
2) The premise owner was aware that there was an unsafe or hazardous condition but did nothing to remedy the situation.
3) The owner of the premise should have known that the condition that caused the injury or death was unsafe or hazardous to begin with.

Family Awarded $6.1M In Stadium Death Lawsuit, The Boston Channel, December 20, 2007
Family awarded millions in wrongful death lawsuit, Cape Cod Times, December 20, 2007

Related Web Resources:

Premises Liability News, Justia

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