June 2009 Archives

June 30, 2009

Medford, Massachusetts Pedestrian Struck by Car

June 30, 2009 - Francis Blomerth, 84 years old from Medford, Massachusetts suffered  serious personal injuries in a car accident while he was crossing Main Street as a pedestrian in downtown Melrose Sunday morning. Blomerth was hit by a car driven by 86 year old Virginia Nelson, of Malden. Blomerth remains in critical condition at Massachusetts General Hospital.

The Massachusetts Registry of Motor Vehicles has revoked Nelson's operator's license, but has yet to cite her for any violations related to the accident. According to the Registry, Nelson has a clean driving record, but nonetheless revoked her license in reliance on the official report from the accident.

Both the Melrose Police and the Massachusetts State Police are investigating the accident.  However, Blomerth appeared to be in a crosswalk when he was struck and there were no skid marks at the point of impact.

This is the third incident in the last few weeks involving a pedestrian struck by an elderly person. The most chilling was a few weeks ago when an 86 year old woman hit and killed 4 year old Diya Patel in Stoughton, Massachusetts. Also, last week, a vehicle struck and injured 83 year old Adilino Monteiro while he was crossing North Montello Street in Brockton, Massachusetts.

A hearing was to take place today on Beacon Hill, considering a bill sponsored by State Senator, Brian Joyce, which would seek madatory visual and driving tests for drivers 85 and older.

Source: Boston.com

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

 

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June 30, 2009

Bourne, Massachusetts Woman Dies Celebrating Friend's 21st Birthday

July 9, 2009 - Cassandra Flynn, a 21 year old Bourne woman, has a died as a result of personal injuries sustained in a one car accident in Bourne, Massachsuetts on June 29th. The 1984 Porsche 944 slammed into a tree on County Road, in Pocasset. Three other passengers, including the driver, Jonathan Muir, were injured and initially treated at local hospitals.

Flynn's friend, Erica Pouler, had turned 21 at midnight and the group apparently went out to celebrate at a local restaurant. The fourth passenger was Sonya Dangelo, of Bourne. The driver, Jonathan Muir, 21 years old and residing in Falmouth appears to have lost control of the vehicle on a curve and crashed into a tree.

Muir has been charged with motor vehicle homicide, two counts of causing serious bodily injury while under the influence of alcohol, driving so as to endanger, failure to stay within marked lanes, and speeding. 

Flynn was taken to Falmouth Hospital, but pronounced dead at about 2:30 a.m. Pouler suffered a broken jaw and ribs and injured her liver in the crash. She was initially transported to Tobey Hospital in Wareham, and then moved to Beth Israel Deaconess Medical Center, and appears to be in good condition

Muir suffered life-threatening injuries. He and Dangelo were initially taken to Falmouth Hospital, but both were later transferred to trauma centers in Boston.

Initial reports that alcohol was not a factor and that none of the passengers were wearing seatbelts, turned out to be incorrect.  Apparently Dangelo had unbuckled her seatbelt prior to the police's arrival at the crash site.  She was the least injured of the group.  She also informed the Bourne Police that they had been the Courtyard Restaurant and Pub earlier in the night. 

It is now learned that Muir had a history of driving violations.  In 2006 he was cited for illegally operating a motor vehicle and in May 2009 he was ticketed for speeding.  In August 2007, Muir, a prior resident of Connecticut, had his Connecticut driver's license revoked for almost a year. 

Source:  Boston.com

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 26, 2009

Chelmsford, Massachusetts Crash on Route I-495 North Takes Life

June 26, 2009: Joanna Soucy, a 33 year old from Tyngsborough, Massachusetts, died as the result of serious personal injuries when her minivan rolled over in the median on Route I-495 northbound in Chelmsford, Massachusetts. The accident occurred Thursday night at around 10:30 p.m.

Police say that Soucy was not wearing a seat belt and was thrown from the automobile. Soucy was pronounced dead at the scene. The accident remains under investigation.

Source: Boston Herald 

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 26, 2009

Holyoke, Massachusetts Car Accident Ends in Death

June 26, 2009: Kenneth Wick, 47 years old from Newton, Massachusetts, suffered serious personal injuries when his car hit a guardrail on Route 91 North in Holyoke, Massachusetts. Wick allegedly lost control of his car at around 8:30 PM on Thursday before careening into the barrier.

Wick was rushed to Bay State Medical Center in Springfield, Massachusetts and pronounced dead shortly thereafter.

Source: Boston Herald

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 26, 2009

Falmouth, Massachusetts Pedestrian Hit by Police Cruiser

June 26, 2009: James Eldredge, 24, was hit by a Falmouth police cruiser as he was walking down Sandwich Road at 10:55 PM on Wednesday. Officer Thomas McGuire's cruiser collided with the back end of a cruiser driven by Michael Simoneau. The crash caused Simoneau's vehicle to drive off of the road and hit Eldredge.

The police officers were responding to a domestic disturbance, while Eldredge allegedly was walking by the road to the buy a pack of cigarettes. Falmouth Police told Eldrege's brother that the first cruiser may have slammed on his brakes when he spotted James Eldredge walking on the side of the road. Police apparently believed that he might have been involved in the domestic disturbance. However, Eldredge had no involvement in the crime.

Eldredge sustained serious personal injuries and is in a medically induced coma.  James Eldredge is the father of two young daughters, both under the age of two.

Source: Cape Cod Times

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 24, 2009

Brockton, Massachusetts Pedestrian Inured in Car Accident

June 24, 2009: Adilino Monteiro, an 83 year old Brockton, Massachusetts resident, suffered severe personal injuries while attempting to cross North Montello Street in Brockton on Monday. A car driven by Sunthorn Nuntapanich, struck Monteiro as he was trying to cross the street.

Apparently, a car traveling in the northbound lane had stopped to let Monteiro cross the street. Nuntapanich, who was in the southbound lane, did not see Monteiro prior to impact. The front quarter panel of Nuntapanich's car collided with Monteiro and he hit his head on the side-view mirror. Monteiro was taken to Brockton Hospital and then was transferred to Massachusetts General Hospital, where he remains in critical condition. Nuntapanich and his wife, Phian Sanocki, were not injured in the accident.

Witnesses claim that Nuntapanich was not speeding and was traveling within the boundaries of his lane. Brockton Police officer, Lt. John Crowley, confirmed that the car was "just inching forward in traffic." It does not appear that any charges will be filed against Nuntapanich.

This is the third pedestrian accident in Massachusetts within the last two weeks. On June 16th, 4 year old Diya Patel was hit and killed as she was crossing Washington Street in Stoughton, Massachusetts. On June 18th, 5 year old Brandy Rix was seriously injured when she was hit by a medical transport van in Abington, Massachusetts.  Criminal charges have been filed against the drivers in both of those accidents.


Sources: Enterprise News, Wicked Local

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 23, 2009

Massachusetts Woman Dies after Being Thrown From Motorcycle

June 22, 2009: Cathyann Pandolfo, of Uxbridge, Massachusetts, has died as the result of personal injuries suffered in a motorcycle accident on I-93 South in Windham, New Hampshire. Cathyann Pandolfo was riding on the back of a motorcycle driven by Derek Pandolfo. Investigators believe that they were husband and wife.

Witnesses claim that the motorcycle drifted onto the shoulder between exits 3 and 4 and encountered some gravel. The bike flipped over twice throwing both from the vehicle. Ms. Pandolfo was pronounced dead at the scene. Mr. Pandolfo sustained serious injuries and was taken to nearby Parkland Medical Center and later transferred to Beth Israel Hospital in Boston.

The accident is still under investigation by New Hampshire State Police, but it does not appear that drugs or alcohol were factors in the crash. Police have confirmed that both riders were wearing helmets at the time of the accident.

A civil claim by the passenger of a motorcyle can arise against the driver for personal injuries or death, even if the parties are related. In the case of a death, a representative of the deceased person, after obtaining court approval in the state of residence of the deceased, may make claims on behalf the estate. When the driver is the spouse of the deceased passenger, in most instances, someone other than the spouse will become the representative of the estate, for obvious reasons. 

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 22, 2009

Millennium Bank Scam: FBI Fans Out to Investigate Criminal Conduct

A closer look at the Millennium Bank Ponzi Scheme: Boston trial lawyer, Keith L. Miller, takes a look at the facts involving Caribbean based Millenium Bank, which operated out of offices in Napa, California until closed by the SEC in March, 2009.

It appears the FBI has been given the green light to actively investigate the possibility of criminal charges stemming from the Millennium Bank ponzi scheme, engineered by Canadian, William J. Wise. This past week numerous investors were contacted and interviewed by FBI agents. Many such investors appear to have lost their life savings, following an announcement by the SEC and the filing of a federal court action in Texas, suggesting that Millennium was not a legitimate bank, but a multi-million dollar ponzi scheme.

tv photo.jpgThe investigation involves Millennium Bank, which was a St. Vincent & Grenadines registered bank that actively promoted its high interest CDs on the internet and elsewhere. The ads and the rates tempted hundreds of investors to place their savings in what they believed to be safe, but offshore money instruments, which were not insured by the FDIC.  While reports differ as to the magnitude of the fraud, it appears that at least $100 million had been invested.

There appears to be no specific pattern or methodology employed by the agents in pursuing information. In one instance, agents appeared in the early morning at the residence of a married couple who had invested savings with Millennium, placed the husband and wife in separate rooms and proceeded to pose questions with tape recorders rolling; not your typical victim/witness interview.

Thumbnail image for Thumbnail image for millennium_bank_1.jpgIn another case, an FBI agent appeared at a residence without warning and accompanied by a town police officer in his squad car. Another investor was interviewed by an FBI agent who claimed to be investigating on behalf of both the SEC and the Internal Revenue Service. Many investors are left wondering whether it is the perpetrators of the bank fraud or themselves that are the subject of the investigation.

Continue reading "Millennium Bank Scam: FBI Fans Out to Investigate Criminal Conduct" »

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June 21, 2009

Car Accident kills Taunton, Massachusetts Man and His 3 Year Old Child

June 21, 2009 - Matthew Kercado, of Taunton, Massachusetts, and his 3 year old child, have died as the result personal injuries suffered in a two car accident on I-95 north in Attleboro, Massachusetts. According to Massachusetts State Police, a preliminary investigation suggests that a 1997 Ford Explorer, which was being operated by a Jessica Ebert, 23, of Attleboro, struck a 1996 Chevrolet operated by Jennifer Poissant, 19, of Pawtucket, RI around 5:30 p.m.

The Ford Explorer appears to have rolled over following the collision, ejecting several occupants and causing fatal injuries to Kercado and his child. Also in the car were Heather Kercado, 42, of Taunton, Christopher and Jessica Ebert, both of Boston and a 14 month child, all of whom were trasported to local hopsitals for treatment. Poissant, the operator of the 1996 Chevrolet, apparently was not injured in the crash, which remains under investigtion by the State Police.

While the cause of the crash is undetermined at this time, there will undoubtedly be civil claims arising out of the accident. Passengers in vehicles have a right to bring claims against the operator of a motor vehicle, even if they are related to that person. Under normal circumstances, it is the insurer of the vehicle who is reponsible to pay for any damages for the injuries suffered in such an accident.

Source: WPRI.com 

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.


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June 20, 2009

Medway, Massachusetts Driver Dies From Personal Injuries After Hitting Highway Arrow Trailer

June 20, 2009 - Francis X. McGrath of Medway, Massachusetts has died as the result of personal injuries suffered in a single car accident in Randolph, Massachusetts. The 68 year old McGrath was driving a 2007 Toyota Yaris in the passing lane when he allegedly struck an arrow board trailer attached to an Isuzu pickup truck, according to the Massachusetts State Police.

The accident occurred on Route 24 North around 8:30 p.m. Thursday, June 18, 2009 near Route 139 (exit 20) in Randolph. McGrath was taken to Boston Medical Center for treatment and was later pronounced dead. "The crash is still under investigation, which includes examining the autopsy report and accident reconstruction," said state police Sgt. David Mahan. There have been no statements disclosing whether the arrow sign was operational at the time of the accident or what other circumstances may have led McGrath to strike the trailer.

Source: Milford Daily News
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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.


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June 19, 2009

Driver Charged in Martha's Vineyard Car Accident that Claimed Teenager's Life

Thumbnail image for Thumbnail image for vineyard.jpgJune 19, 2009: Jena Pothier, an 18 year old Oak Bluffs, Massachusetts resident, has died as the result of personal injuries sustained in a car accident. Jena Pothier was a passenger in a motor vehicle driven by 17 year old, Kelly McCarron, also of Oak Bluffs. McCarron lost control of her Toyota Camry and collided with a tree on Edgartown-West Tisbury Road on Martha's Vineyard. Kelly McCarron was thrown from the vehicle and was seriously injured.

Pothier was transported to Martha's Vineyard Hospital and pronounced dead late Thursday night. McCarron was taken off the island by boat and driven to a Boston, Massachusetts hospital because a Med Flight was impossible due to heavy fog in the area. McCarron remains in stable condition at Massachusetts General Hospital. Pothier was a 2008 graduate of Martha's Vineyard High School. McCarron was due to graduate this past weekend.

McCarron faces criminal charges for violations including vehicular homicide and operating a motor vehicle under the influence of alcohol as well as civil charges for passing in a no passing zone and driving with excessive speed. The arraignment has not yet been scheduled.

West Tisbury police, with the help of eyewitnesses, have confirmed that McCarron passed a vehicle in a no passing zone while another car was oncoming. Speed and alcohol were both official factors in the crash.

Police are still investigating the circumstances surrounding the girls' night prior to the accident. When the details become clearer about where the girls had been drinking, there will be questions about who is ultimately responsible for this tragic accident.

Under Massachusetts law, when someone is killed in a drunk driving accident liability may attach against responsible parties other than just the driver. In cases where the driver had been drinking in a bar or restaurant, the law has held the establishment responsible under "dram shop liability." When the driver had been drinking at a private individual's house, the owner could be found liable under "social host" liability theories.

Both types of claims require proof that the bar or social host knew or should have known that the driver was intoxicated, yet continued to serve him or her. There are other factors, which would complicate the question of liability, including the possibility that Pothier was also drinking and knowingly entered the car with knowledge that McCarron was intoxicated.

Source: Martha's Vineyard Gazette

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.



Continue reading "Driver Charged in Martha's Vineyard Car Accident that Claimed Teenager's Life" »

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June 18, 2009

Abington, Massachusetts Child Hit by Medical Transport Van

June 18, 2009: Brandy Rix, a 5 year old girl from Abington, Massachusetts, was hit by a medical transport van as she was crossing North Avenue in Abington. The van was driven by an unidentified woman in her twenties. Brandy Rix was crossing the street with her mother and three other siblings, none of whom are injured.

Brandy Rix was Med Flighted to Boston Medical Center where she underwent surgery for serious personal injuries but remains in stable condition. It is unclear at this time if charges will be filed against the driver.

The operator of the medical transport van was Nicole Barros, 28, of Abington. At the request of the Abington Police Department, the Massachusetts Registry of Motor Vehicles has revoked her license on the basis that she is an "immediate threat" on the road. Barros has at least 3 prior citations on record for surchargeable driving offenses.

This is the second incident in Massachusetts this week where a little girl was hit by a car while crossing the street. 4 year old Diya Patel was killed on Monday when she was hit by an 88-year-old woman while crossing Washington Street in Stoughton, Massachusetts.

Source: WBZ

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours.

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June 17, 2009

Brockton, Massachusetts Police Officer Cannot Recover from Hospital for Personal Injuries

Boston Massachusetts Personal Injury Attorney, Keith L. Miller, reviews a recent Supreme Judicial Court case involving an injured police officer:

A Massachusetts police officer who suffered serious personal injuries, while responding to a motor vehicle/pedestrian accident, cannot recover from the hospital, which treated and released the pedestrian just prior to the accident, says the Massachusetts Supreme Judicial Court.

Thumbnail image for eps_mg-182.jpgIn November, 2004, the Brockton, Massachusetts police officer, was responding to a car accident involving a pedestrian, While driving to the accident scene, the officer's police cruiser was struck by another vehicle resulting in serious and permanent injuries to the officer. He was responding to an accident in which an individual just released from Brockton Hospital had been struck and killed by a motor vehicle.

The patient had undergone a colonoscopy at the hospital earlier in the day and had been given Demerol and Versed, both narcotic sedatives. The hospital had a written policy, which prevented patients who had been given narcotics from being discharged without an escort. This patient left the hospital with no escort.

The Plaintiff police officer had alleged that the hospital was negligent and had a duty of care to protect third parties from harm caused by its "impaired" patients. The officer claimed that the hospital had a special medical relationship with its patient prior to him leaving the premises, which created a duty to control the patient's conduct in order to protect against harm the patient might cause to others, even after the patient had been discharged.

Continue reading "Brockton, Massachusetts Police Officer Cannot Recover from Hospital for Personal Injuries " »

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June 16, 2009

Car Accident Kills Four Year Old in Crosswalk: Elderly Woman Charged

June 16, 2009: Diya Patel, a 4-year-old Stoughton, Massachusetts girl, died early Sunday morning as the result of serious personal injuries after being struck by a car on Wahington Street in Stoughton, Massachusetts on Saturday. The girl was hit on Route 138 while she crossing the street on her scooter. She was in a crosswalk and accompanied by her grandfather and siblings. She was transported to Tufts medical center after a nurse and off duty firefighter at the scene had attempted to revive her by performing CPR on the child.

The driver has been identified as Ilse R. Horn who resides in senior community housing in Canton. The Stoughton police announced today that it would be summoning her to Stoughton District Court on charges of vehicular homicide, negligent operation of a motor vehicle, driving to endanger and failure to stop for a pedestrian in a crosswalk. The RMV revoked her operator's license today, saying she was a safety threat.

Stoughton Police investigated and were reconstructing the accident. There were no skidmarks and it appears that  the 88-year-old driver never saw the girl. The speed limit along that section of Washington Street is 35 mph. Investigators allege that Horn was driving a Toyaota Camry and was not speeding when the child was hit.

This was the third serious accident in the Boston area involving an elderly driver this month, including a 93 year old man who injured 6 pedestrians at a Walmart in Danvers and a 73 year old woman who injured 7 people in a crowd in Plymouth. Senator Brian Joyce, of Milton, is sponsor of a bill in the house, which would require mandatory road testing of anyone over the age of 85. The question is open whether driving tests for the elderly would have saved this little girl, but it appears that stricter requirements may result from this tragic accident. The legislature obviously needs to take a closer look at this issue. 

Sources: WPRI.com

            Boston.com

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours. 

 

 

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June 11, 2009

Rhode Island Auto Accident Takes Two Teenage Lives

Marcello Ventrella, and Aram J. Pothier, respectively of Bellingham and Blackstone, Massachusetts, have died as the result of personal injuries suffered after a night of teenage drinking. They were passengers in a motor vehicle driven by Robert Baez, who was seriously injured, but survived the accident. The accident took place on I-295 in Smithfield, Rhode Island. Both of the deceased were riding in the backseat, were not wearing seatbelts and were pronounced dead at the scene.  The fourth passenger, Christopher J. Cuomo, escaped without serious injuries.  


The young men began their night in Massachusetts, but allegedly ventured to a Providence, Rhode Island bar, where it appears they were served alcohol.  Rhode Island State Police are still investigating the details of the accident and the events preceding the accident. However, it appears that all four of the young men had been drinking and were served in the bar, as yet unidentified.


The obvious question arises as to who is ultimately responsible for this tragic accident. Baez, the young driver, of course is the primary responsible party. However, the tougher question is whether others can and should be held responsible for the condition he was in at the time of the accident. Given that all four were underage, including Baez, if it is true that he was served at a public drinking establishment, the owners of that bar may bear some responsibility for the accident.

The law with respect to the responsibility and liability of public establishments, which are licensed to serve alcohol is well established in Massachusetts and Rhode Island,  "Dram shop liability" arises when bars and liquor stores negligently serve alcohol to underage or noticeably intoxicated individuals.  This requires proof that the bar knew or should have known that the customer who drove a vehicle was intoxicated. 

A traditional dram shop case involves an innocent injured third party such as the driver of another vehicle or somewhat walking down the street.  The fact that the claimant in this instance  were passengers in the vehicle, may have also been drinking themselves, and likely knew that Baez also had been drinking. Such facts may raise issues of comparative negligence, but does not bar recovery for the families of the deceased young men who died in this accident.

  Source: Bostonchannel.com
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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours. 

 

 

Continue reading "Rhode Island Auto Accident Takes Two Teenage Lives" »

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June 8, 2009

Ware Man Suffers Serious Personal Injuries in Motorcycle Accident

Daniel Tourville, a 24-year-old Ware man was in serious condition early Monday afternoon at the University of Massachusetts Medical Center in Worcester after losing control of his motorcycle. Incredibly, Tourville was not wearing a helmet at the time of the accident. Apparently, Tourville drove off the road, hitting a tree stump and utility pole. He was initially taken to Baystate Mary Lane Hospital, and then airlifted to the U. Mass. Medical Center in Worcester. Police are investigating the accident.

motorcycle helmet.jpgStatistics indicate that the use of helmets saves lives and prevents brain injuries. According to the NHTSA, in 2007 motorcycle helmets saved 1,784 lives. NHTSA says that if all motorcyclists had worn helmets, 800 more lives would have been saved. Helmets are estimated to be 37 percent effective in preventing fatal injuries and 67 percent effective in preventing brain injuries.nd prevents brain injury.

See Masslive.com

See Insurance Information Institute Article

See 2005 NHTSA Study

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The above information is provided by Boston Accident and Personal Injury Lawyer, Keith L. Miller, a Boston, Massachusetts civil trial lawyer, specializing in the legal representation of individuals who believe that they have been injured as the result of the negligence of others and have been involved in all types of accidents causing personal injury. If you or a loved one has been injured in an accident where you believe someone else is at fault, contact Keith L. Miller to arrange a free consultation 24 hours a day, 7 days a week either by telephone at (617) 523-5803, or click here to send him an email. You will be contacted within 24 hours. 

 

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