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This is the Boston Accident and Injury Lawyer Blog, published by Boston Personal Injury Lawyer Keith L. Miller. For over 25 years, Boston Personal Injury Attorney Keith L. Miller has been representing victims of accidents and has a record of success to prove it. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Boston Personal Injury Lawyer Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

The Massachusetts Appeals Court has reversed a trial court’s dismissal of a Court Officer’s claim for ‘Assault Pay’. The Court Officer had alleged in his action that he is entitled to ‘Assault Pay’ under a law granting additional compensation benefits to state employees injured by “acts of violence [by] patients or prisoners in his custody”.

The Court Officer had been assigned to a courtroom in the Middlesex Division of the Probate and Family Court. When a case was called, eighteen to twenty people entered the courtroom with one of the litigants and began making statements directed at the judge from the gallery. The judge took a recess and requested additional court officers, as well as Cambridge police officers, to assist subduing the crowd. Persons in the courtroom were directed to vacate or face arrest. Cambridge police then began arresting individuals who had refused to leave the courtroom. The Court Officer was injured while assisting in the arrest of an individual who refused to leave, and was taken to the hospital by ambulance. The Court Officer later filed an action against the Commonwealth to recover for his injuries.

The lower court subsequently allowed the Commonwealth’s motion for summary judgment. The Appeals Court reversed and remanded, reasoning that the trial court incorrectly converted the 12(b)(6) motion to dismiss into a motion for summary judgment and failed to follow caselaw related to other similar statutes. Interpreting the ‘Assault Pay’ statute, the Appeals Court reviewed the Workers Compensation Act and other similar statutes, which contain similar language. Historically, these statutes have been interpreted broadly to accomplish their primary and beneficial functions.

The Securities and Exchange Commission has filed fraud charges in Federal Court in Miami, Florida against the owners and operators of Jay Peak Resort, a Vermont-based ski resort, and related businesses. The complaint alleges that millions of dollars were raised under the EB-5 Immigrant Investor Program.

According to the tramcomplaint, the main perpetrators were Ariel Quiros of Miami, and William Stenger of Newport, Vt., who raised in excess of $350 million from foreign investors on promises of green cards and returns on their invested monies. The money was to be used to construct ski resort facilities and a bio-medical research facility in Vermont.

The perpetrators promised that investor money would only be used to finance specific projects, but instead it is alleged that over $200 million was used for other purposes, $50 million of which Quiros used for personal expenses, including the purchase of a luxury condominium, income tax payments, and the acquisition of another Vermont ski resort, Burke Mountain, which he renamed Q Burke Mountain, and turned over to his son to manage.

 

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January 25, 2016: Queshon Ivy, 43 years old, has died as the result of serious personal injuries sustained, after a vehicle driven by Melissa L. Benedict, 34, of Dorchester, Massachusetts, struck him as he was crossing the street on the way to work. The accident occurred early Wednesday Morning on January 15, at around 8:00 a.m. at the intersection of Washington and Harvard Street in Dorchester.

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January 13, 2016: Richard Tetreault, 84, of Bernardston, Massachusetts has died as the result of serious personal injuries sustained when he crashed into an oncoming car at the Exit 4 toll booth off on the Massachusetts Turnpike in West Springfield.

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December 23, 2015: Joe Brady, 71, of Taunton, Massachusetts, has died as the result of serious personal injuries sustained when he was struck by a motor vehicle driven by Michael Burns, 33, also of Taunton. The accident occurred at approximately 8:30 pm on Saturday, when Brady was crossing Route 27 in Stoughton, returning to a Christmas tree lot he owns.

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December 9, 2015: Mervyn Justin, 44, of Framingham, Massachusetts, has died as the result of a serious personal injuries sustained, when his motorcycle was involved in an accident with an automobile. The accident occurred at around 11:00 p.m. on Sunday at the intersection of Gallivan Boulevard and Adams Street in the Dorchester section of Boston.

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November 19, 2015: Fabricio Tavares, 21, of Brockton, Massachusetts, has died as the result of serious personal injuries sustained after he was ejected from the passenger seat of his friend’s car.  The accident occurred at around 3 a.m. on Sunday, November 9, 2015.

Danielson Dacostatavares, 20, also of Brockton, was driving the vehicle north on Route 24 in Stoughton, when he swerved right and collided with a rock ledge adjacent to the roadway.  Tavares was ejected from the car and then struck by six other vehicles. Continue reading

October 5, 2015: Gina Burdick, 48, of Worcester, Massachusetts, has died as the result of serious personal injuries when a vehicle driven by Daniel Depew, 29, of Ayer, Massachusetts, struck her from behind. Her brother, George Burdick, 46, was also hit by Depew’s automobile. According to Worcester Police, the accident occurred shortly before 7:00pm near 128 Lincoln Street in Worcester.

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September 16, 2015: Matthew Roderiques, 24, of Fall River, Massachusetts suffered serious personal injuries and is in critical condition after being struck by a vehicle, late last Saturday night. Roderiques was walking near 491 Reed Road, in Dartmouth, when he was struck by a car driven by a 36 year old woman from Fall River. The driver’s identity has not yet been made public.

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August 24, 2015 – The U.S. Court of Appeals for the First Circuit has affirmed the decision of a Magistrate Judge in a Massachusetts federal court case, arising from a $150 million Ponzi scheme known as Millennium Bank.  Several investors brought a class action lawsuit against JPMorgan Chase Bank, N.A. (“JPMorgan”), where Millennium related entities held deposit accounts, alleging that the bank aided and abetted the fraud.

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