Articles Tagged with personal injury

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.

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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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 18, 2015: Patrick Beauvil, 26, from Randolph, Massachusetts has died as the result of a serious personal injury sustained, when his motorcycle was involved in a collision with a car. The driver’s identity has not yet been released. The accident occurred around 8:25 a.m. on Tuesday, at the intersection of High and Reed Streets in Randolph, near the Donovan Elementary School.

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June 18, 2015: Ronald Morse, 40, a member of International Association of Ironworkers, Local 7 of Boston, has died, and Mark Praetsch, 30, a member of the International Union of Elevator Constructors, Local 4 of Boston, was seriously injured as the result of a construction accident. The accident happened on June 11, 2015 at a Suffolk Construction jobsite in Somerville, where a Partners Healthcare facility is being constructed. According to a Suffolk Construction spokesman, the men were injured when a hoist cab unexpectedly fell away from the building during assembly of the hoists, and fell then three stories to the ground.

Members of the Somerville Police Department arrived on the scene and provided first aid to Morse and Praetsch. The men were then transported to Massachusetts General Hospital, where Morse was later pronounced dead. Praetsch was initially listed in critical condition, but has since stabilized.

The Occupational Safety and Health Administration (“OSHA”) has opened an investigation to determine if Suffolk violated any workplace safety standards. No charges have been filed to date, and Ted Williams, U.S. Dept. of Labor Regional Director of Public Affairs, estimates that the inspection will not conclude for several weeks.

June 2, 2015: Nicole Berthiaume, 19, of Auburn Massachusetts, sustained serious personal injuries in a boating accident near Spectacle Island in Boston Harbor.  Berthiaume jumped into the water to retrieve a seat cushion, which had blown off of the boat.  As she attempted to climb back aboard, her arm was severed by the propeller of the boat. The accident occurred in the late afternoon last Saturday.

Members of the U.S. Coast Guard responded to distress calls and arrived at the scene shortly after the accident. They were able to stop the bleeding, but were unable to save Berthiaume’s arm. She was taken to Massachusetts General Hospital for further treatment. Subsequently search efforts to locate the arm were unsuccessful.

According to police, the captain of the boat was operating under the influence of alcohol, and when questioned by police, refused any field sobriety tests. He later allegedly consented to a breath test and was over the legal limit for both land and water.

April 16, 2015: Last night, Timothy Melcher II, 24, of Cotuit, Massachusetts, died as the result of serious personal injuries sustained when the van he was traveling in overturned on Route 25 in Wareham.  The name of the second occupant, known to be a 20 year old man from Wareham, has not yet been released. Continue reading

December 16, 2014: On Sunday morning, Keely Walsh, 18, of Lancaster, Massachusetts, died as the result of serious personal injuries sustained as a passenger in a car, which collided with a tree.  The driver was a 23 year old male, whose identity has not yet been released.  The accident occurred on Route 202 in Belchertown, near the town’s police station.  Continue reading

November 21, 2014 – On Tuesday morning, Lawrence Barros, 32, of Centerville, Massachusetts, died as the result of personal injuries sustained in a head on collision with a truck operated by Michael Dalto, 45, of East Bridgewater.  At approximately 6:30 a.m., Dalto was traveling in the eastbound lane of Route 6, when he crossed over the median into oncoming traffic, and struck Barros’ sedan.

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September 3, 2014 – Kerri-Ann Roberto, 33, of Lowell, Massachusetts, has died as the result of serious personal injuries sustained as a passenger in a single car accident.  The driver, Frank Orocho, 39, also of Lowell, was injured in the crash.  The accident happened at approximately 7:50 a.m. on North Lowell Street in Methuen.

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