December 2010 News: Boston Personal Injury News

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December 2010 Archives

Six Injured In Chairlift Accident In Sugarloaf

Skiing enthusiasts in Boston may be talking about the recent event in Maine where hundreds of ski lift passengers in Sugarloaf were temporarily stranded after a cable broke off from the ski tower. Ethan Austin, a spokesperson for the Carrabassett Valley ski resort, said six people on the lift were injured after falling 25 to 30 feet and landing on the ground in a chairlift accident.

One man was immediately taken to the Franklin Memorial Hospital in Farmington for chest and head pains after the incident, while the rest of the riders only suffered "relative minor" injuries. According to the Boston Herald, Ethan Austin said it was still too early to determine what caused the cable to derail from the 8th tower on the Spillway East lift.

MA Man Killed After Disney Bus Hits Him

A 69-year-old Massachusetts resident was killed after being hit by a Walk Disney World resort bus in Florida, according to the Boston Herald. The Florida Highway Patrol said the 69-year-old man had supposedly walked in front of the bus, which was traveling through the parking lot of the Port Orleans resort.

The Massachusetts man was pronounced dead at the Orlando Regional Medical Center after the crash. Law enforcement officials reported no passengers onboard the Disney bus were injured during the collision. The police stated the 69-year-old was not directly on the crosswalk when he allegedly stepped in front of the bus. They also said the vehicle had the right of way at the time of the accident.

Sean Bowman Killed In Windstar Prior To Ford Recall

28-year-old Sean Bowman was killed in October after the rear axle on his 2001 Ford Windstar minivan fell apart. His wife, Justine Bowman, said they received a recall letter for the vehicle a week after the incident. This week, federal investigators moved to widen the examination of the minivan's supposed corrosion issues.

As a result, the National Highway Transportation Safety Administration expanded their investigation of the minivan. "To me, this is further evidence that [the Windstar] is an unsafe vehicle," said Justine Bowman, who has been left to care for her and Sean's daughters on her own.

Woman Struck By Shuttle Bus Near Longwood Medical Area

Boston police officials reported a woman, who may have been around the age of 30, was killed after getting struck by a bus near Longwood Medical Area. According to the Boston Globe, a shuttle bus ran into the victim as she crossed the intersection of Ruggles Street and Huntington Avenue.

Witnesses said the woman was caught beneath the bus after she was hit. The victim was immediately rushed to Brigham and Women's Hospital for her injuries but was eventually pronounced dead. Authorities are still investigating the scene, and it has not yet been determined whether the driver of the vehicle faces any criminal charges or a potential injury claim from the family of the victim.

Jury Rules In Favor Of Marie Evans' Estate And Son

Willie Evans, a Boston resident, sued Lorillard Tobacco Company for wrongful death on behalf of his mother, Marie Evans, and her estate a few weeks ago. He claimed his mother received free Newport cigarettes samples from the tobacco company at the age of nine, which apparently led to her fatal addiction.

The Boston Herald reported a Suffolk Superior Court jury finally decided on a verdict and determined that Lorillard gave out free cigarettes and lured children like Marie Evans and others in the Roxbury neighborhood to smoke. The jury awarded $50 million in compensatory damages to Marie Evans' estate while Willie Evans received $21 million.

Ginisi Couple Receives $2 Million From Medical Malpractice Suit

Millbury couple Laura and Joseph Ginisi filed a medical malpractice lawsuit against Worcester's St. Joseph Vincent Hospital seeking money damages, according to The Associated Press. The couple claimed the hospital misdiagnosed several of the strokes Joseph Ginisi had in 2004. Laura Ginisi also alleged that the delay in her husband's treatment for cancer at hospital led to Joseph becoming unable to walk and legally blind.

Medical malpractice cases involve negligence on behalf of a professional health care provider, like a hospital or doctor. The patient must have suffered harm or injury from the health care provider's failure to perform a standard of care met by those with similar training or experience. An MA personal injury lawyer can further explain the elements and process behind a medical malpractice claim.

State Trooper Sean Hodgdon Struck By A Car

Massachusetts state trooper Sean Hodgdon was hit by another automobile while working on a construction detail on Interstate 93 in Woburn, according to the Associated Press. He was treated at Burlington's Lahey Clinic after suffering minor injuries from the accident. Matthew Friedland, a 21-year-old Tewksbury local, was allegedly the driver who slammed into Hodgdon's cruiser.

Sean Hodgdon is not the only state trooper who has been injured or killed while on the job this year. Sergeant Doug Weddleton died in June after an accident involving an alleged drunk driver. MA state trooper Vincent Cila was killed in 2005 after falling off his motorcycle and crashing into Big Dig handrails in Boston. Cila's family was able to collect $9 million in damages in a wrongful death suit settlement.

Car In Fatal Crash Was Part Of Mercedes Recall

46-year-old Helio Meneses was killed in a vehicle accident after his car sped and slammed into a tree across his home on Mendall Road. The Standard-Times reported that Meneses' automobile was a car that was part of the Mercedes recall in 2008 for a defect where fuel would spill out of the car after an accident.

The website of the National Highway Traffic Safety Administration revealed that Helio Meneses' Mercedes CLS was one of the models included in the 2008 recall. Certain Mercedes models were needed at the time for the reprogramming of their computers. Errors in code present during servicing could have potentially caused inaccuracies in the fuel gauges, false warning lights, and a failed connection to the fuel pump.

MA State Officials Seek To Ban Eurobobble Ride

Boston locals may want to think twice when it comes to testing out the new Eurobobble amusement ride at the Cape Cod Mall. According to the Boston Herald, Massachusetts Department of Public Safety Commissioner Thomas Gatzunis said the so-called "walk on water" balls are just not safe. Gatzunis advised that the new rides should not be used while state officials work on a law to ban the devices.

These transparent Eurobobble walk-on-water balls at the Cape Cod Mall are nearly 6 feet high and are filled with air as the rider sets foot in the sealed container. He or she then floats in a shallow pool of water for about five minutes. The major concern with the balls deals with the inability to observe the air quality inside.

Natacha Andre Charged With Assault And Battery

Authorities charged 36-year-old homeless woman Natacha Andre with assault and battery and wrongful interference with the operation of an MBTA vehicle after allegedly attacking an MTBA bus driver. The Boston Herald reported Andre struck the victim with a metal pipe, and the driver suffered bruises and a sprained left arm from the attack.

Although the charges that stem from the incident are criminal, a Boston personal injury lawyer can tell you that assault and battery allegations may also fall under the category of "intentional torts" and constitute as a claim for an injury suit. However, it still unclear whether the MTBA driver has considered filing a claim for the injuries she sustained after the assault.

Statute Of Limitations In Boston For Injury Claims

Personal injury suits in Boston can be filed for various types of cases ranging from car accidents, defective products, assault, and wrongful death. If you are considering filing a tort suit for an accident or injury, one key thing to keep in mind is the legal rule of "statute of limitations." This means that legal claims for injuries must be filed within a certain time limit.

Injured parties in Boston will lose their right to sue if they do not file their claim within three years from the time they realized they had suffered harm and recognized the nature of the harm. This is commonly referred to as the "discovery of harm" rule.

Tow Truck Crashes Into Roxbury Apartment Building

The Boston Transportation Department tow truck crashed into a building on St. James Street in Roxbury on Monday and remains stuck there, according to the Boston Globe. Work is still in progress to ensure the building does not give way once the truck is pulled out. Authorities are also continuing to investigate the scene.

The tow truck driver told police officials his brakes had failed when he slammed into the building. Witnesses said the truck was not speeding when the accident occurred. Transportation Commissioner Thomas Tinlin reported nothing has been found thus far that suggests the truck had any maintenance problems, and the driver has no information on his record that indicates he was a bad driver.