An emergency room doctor from Brigham and Women’s Hospital was killed on August 27, 2010 when the motor scooter he was driving collided with a truck in Brighton, Massachusetts.

Details of the Motor Scooter Accident

Boston police reported that police responded to a call for an accident involving a scooter and another motor vehicle on Beacon Street. The accident occurred when the emergency room doctor, an attending physician in the Department of Emergency Medicine at Brigham and Women’s Hospital and an instructor at Harvard Medical School, collided with a truck. Upon arrival at the scene, police discovered the 50-year-old doctor suffering from serious injuries. He was taken to St. Elizabeth’s Medical Center where he died from his injuries. The victim left a wife and three children.

Motor Scooter Accidents Increasing

Our experienced Salem, Massachusetts personal injury attorneys have successfully handled motor scooter, moped and bicycle crash cases throughout the Commonwealth of Massachusetts. Our attorneys have found that these crashes occur frequently during daylight hours and during the spring and summer months. Given the increased popularity of bicycles and motor scooters, the personal injury attorneys at Mazow & McCullough had seen an increase in injuries and wrongful death claims.

Seeking Help from a Personal Injury Lawyer

If you have suffered a personal injury or a loved one has been killed as a result of a motor scooter, moped or bicycle crash, please contact the attorneys at Mazow & McCullough so that the matter can be properly, efficiently and successfully handled.

To read more about this tragic case, please see the following links:

• http://news.bostonherald.com/news/regional/view/20100829doctors_death_draws_scooter_scrutiny/
• http://www.boston.com/news/local/massachusetts/articles/2010/08/28/er_doctor_killed_in_motor_scooter_crash/

A 35 year old man from Lynn, Massachusetts, was seriously injured when an alleged drunk-driver struck him.  The alleged drunk-driver is from Peabody, Massachusetts and was operating a Volkswagen Passat.  The Lynn resident was operating a Yamaha Scooter.  The crash was in Salem, Massachusetts.

The Crash Scene in Salem, MA

Police at the scene say that the alleged drunk-driver had bloodshot eyes, her speech was slurred and she had the smell of an alcoholic beverage on her breath.  She failed two out three field sobriety tests and was arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor.

The victim was transported by ambulance from the accident scene to the North Shore Medical Center in Salem, Massachusetts.  He was then taken to the Massachusetts General Hospital in Boston, Massachusetts due to the severity of his injuries.

Scooter and Bicycle Injuries – The Legal Issues

Injuries to people on scooters, mopeds and bicycles present particularly complex insurance coverage issues.  Generally, the medical bills will be partially paid for by the insurance company of the owner of the vehicle that caused the collision.  Furthermore, if the driver was negligent, as is the likely scenario in this case, the insurance company of the owner and operator of the vehicle will be responsible for compensation for pain and suffering, future disability, lost wages, loss of future earning capacity and scarring.  Additionally, if there is not enough insurance coverage to fairly compensate the victim of the accident, the victim can seek compensation directly from the responsible party.

Importantly, when a person is the victim of injuries caused by a drunk driver, that person or his or her family need to begin an investigation quickly into the facts surrounding the incident.  It will be critical to learn where the drunk driver obtained the alcohol, whether it was a public or private bar or establishment, whether they might have been over served or illegally sold liquor.  It is critical to learn this information early on so that potential additional insurance coverage can be located.

Contact Mazow & McCullough for Legal Assistance

If you or a loved one has been injured while operating a scooter, bicycle or moped or if you have been injured by a drunk driver, you may be entitled to financial relief.  The attorneys at the law firm of Mazow & McCullough have handled thousands of personal  injury cases with great success.  If you or a loved one have been injured, please contact our office for a free initial consultation.

Against CampGroup, LLC, Lakeside Retreats, LLC and Town of Easton as a Result of Teen Drowning Death

This action ensued as a result of the drowning death of a 15-year-old boy and the physical and emotional injuries sustained by his twin brother.  The client and the brother were students at the Town of Easton’s Oliver Ames High School (“OAHS”) and joined the OAHS football team on a pre-season trip to Camp Cobbossee in Monmouth, Maine, on August 22, 2007.

Following football practice on August 23, 2007, the client drowned in the lake at the camp.  The brother, who was also in the lake and witnessed the drowning, suffered physical and emotional injuries as a result.  A lawsuit was brought against CampGroup, LLC, and Lakeside Retreats, LLC, the owner and operator of Camp Cobbossee, as well as against the Town of Easton (“Easton”).  The lawsuit is pending in Bristol Superior Court in Massachusetts.

Details of the Drowning Case

On August 22, 2007, the client, the brother and the OAHS football team traveled by bus to Camp Cobbossee.  On the morning of August 23, 2007, the upperclassmen, including The brother and The client, participated in a three-hour football practice.  At approximately 11:30 a.m., the client and the brother went to the waterfront.  The camp provided only one lifeguard and no supervisors from Easton went to the waterfront to supervise.

At shortly after 11:30 a.m., the client and the brother entered the water beyond the U-shaped dock and, following the lead of several students, began to swim without a counselor/coach or rescue tube towards an island.  The island was located approximately 150 yards from the shore.  Camp Cobbossee owned the island, and Lakeside advertised on its website that this was “a great spot for island swims and adventure programs.”

Actions of the Lifeguard

The lifeguard did not inform the students that they could not swim to the island.  He did not instruct them that they needed a counselor/coach to go with them.  He did not provide them with rescue tubes.  He did not inform the students that only competent deep water swimmers could swim to the island.  He simply watched.

While the students were swimming to the island, the remaining students within the dock area were engaged in “horseplay” and were throwing each other in the water (another violation of the Waterfront Rules to which the lifeguard took no action).  While the lifeguard was distracted by the students within the dock area, he tried to keep an eye on the students swimming back from the island.  The lifeguard either ignored, forgot or made a conscious decision to disregard the rules of lifeguarding which he learned from both the American Red Cross and while at the Camp.

Swimmer in Distress

As they were about halfway to the island, the client and the brother both started to yell to the lifeguard to save them.  Despite this, the lifeguard claims that there was no indication of them struggling or being in distress.  As the lifeguard remained on the dock, the twins continued to yell for help and splash in the water.  Instead of jumping in to assist, the lifeguard “told them to stop messing around” and asked them if they were serious.  The lifeguard then asked some team members behind him if the twins were joking.  In the meantime, the client and the brother continued to splash and yell for help.

The lifeguard states that at this point, one of the twins (the client) started to go underwater “more frequently.”  The lifeguard eventually ascertained that the client was actively drowning, so he jumped into the lake.  He began to swim to where the client had submerged.  However, he couldn’t find the client.  He yelled for someone to call 911 but unfortunately there were no adults on the shore to offer assistance.  The local police were not called until 12:02 p.m.  The lifeguard was unable to control the chaos that erupted at the beach.

Arrival of Police

The Chief of Police in Monmouth testified that when he arrived at the waterfront he “saw 50 or 60 teenagers, all males, in the water yelling, screaming, swimming, in boats, on body boards, swimming without preservers.  It was chaos.  It was complete chaos.”

It took some time for rescue personnel to clear the water of students so they could begin to search for the client.  The lifeguard’s inexperience was further established when he was unable to accurately point out where the client was last seen.  The client’s body was located at 1:25 p.m., approximately two hours after he drowned.  He was found in 12 feet of cold, murky water, lying on his back.  The client was brought to shore and pronounced dead.

The brother was able to swim to a buoy.  He testified at his deposition that the last vision he saw of his twin brother was his hand going underwater.  When he returned to shore, he waited in a rescue vehicle for word of his brother’s whereabouts.  He was cold, shaking and bordering on shock.  He was soon told that his brother was dead.

Filing Suit in a Drowning Case

Suit was filed against CampGroup, LLC, Lakeside Retreats, LLC and Easton.  All defendants have denied that they were responsible for the tragic drowning of the client and the injuries sustained by his brother.  There is a trial date scheduled for February 2011.

Mazow & McCullough, PC has broad experience and expertise in pursuing drowning accidents, swimming pool drowning cases, and open water drowning cases.  The law firm, based in Salem, Massachusetts, has produced superb results in a large number of personal injury cases. Contact Mazow & McCullough, PC today for a free legal consultation.

Due to possible E. coli O157:H7 contamination, the Valley Meat Company in Modesto, Calfornia, is recalling approximately 1 million pounds of beef products from the market. Products include frozen ground beef patties and bulk ground beef products.

According to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), the government learned of the problem on July 15, when the California Department of Public Health notified them that a small cluster of  E. coli O157:H7 illnesses had been reported in 6 patients. This count has now risen to 7.

If you believe you have been infected by E. coli, you can download Mazow|McCullough’s Legal First Aid Kit: E. coli (PDF). This explains the symptoms of E. coli and gives you a checklist of medical and legal steps to take.

For Massachusetts Worker Injured on Construction Site

While working as a laborer for a subcontractor on a construction site, the plaintiff was struck on the head by a piece of cement/mortar that fell from a building.  At the time of the incident, the plaintiff suffered fractures of the spinous processes at C6, C7, T1 and T2.

The Defendants’ Case

The defendants were the general contractor and subcontractor asbestos removal company.  They each disputed that they were responsible for the injuries suffered by the plaintiff at the construction site.  Specifically, the defendants asserted that although the plaintiff was struck on the head by falling cement, the cement did not fall nor was it caused to fall by the defendants.  Moreover, the defendants asserted that although the cement fell onto the plaintiff’s head, the defendants took all reasonable and necessary precautions to avoid this incident.

Establishing the Construction Worker’s Case

Through the course of extensive discovery, photographs, witness statements and expert witnesses, the attorneys at Mazow|McCullough, PC were able to establish evidence that the defendants failed to properly secure the site of any and all loose debris prior to starting work on the date of the injury.

The day before the injury, the defendants were conducting demolition of the multilevel building at the site. While demolishing the building, it was discovered that several areas of the building (including several windows) contained asbestos. Work was stopped on the 14th to allow for the asbestos removal on the 15th.

There were several areas of the building with exposed loose, unsecured cement and metal.  Moreover, the building itself was structurally weak due to the demolition.  The defendants failed to secure the area of any and all loose debris prior to directing the plaintiff to work in his designated area on the date of his injury.

The Circumstances of the Workplace Injury

Further, while the plaintiff was removing asbestos from a window, one of the defendants’ employees was operating a motorized skid steer/bobcat, attempting to remove plywood from another window in close proximity to the plaintiff.  The defendant employee had a metal chain attached to the machine and was attempting to pull the plywood away from the building so that the asbestos removal crew (including the plaintiff) could remove the asbestos.

The force of the machine and the efforts to remove the plywood caused the loose cement and debris from several floors above to fall onto the plaintiff’s head.  Specifically, as the defendant employee was attempting to back away from the building and rip the plywood from the wall, he caused the cement to fall onto the plaintiff.

Injuries Suffered by the Construction Worker

Among the injuries suffered by the plaintiff were a broken neck and several fractured spinous processes.  The plaintiff was transported by ambulance to the UMASS Memorial Medical Center in Worcester for treatment.  He continued to be treated locally (within the Merrimack Valley area) upon release from the hospital for his neck and back pain.  Although the plaintiff has been discharged from active medical treatment he remains susceptible to future arthritic conditions and future injury/exacerbation.  Moreover, the plaintiff suffers from an ongoing permanent, partial impairment pursuant to the AMA guidelines of 12%.

Efforts at Mediation and Avoiding a Trial

Efforts at a mediation failed.  However, as trial approached, Attorney Kevin McCullough of Mazow|McCullough, PC was able to negotiate a very favorable settlement on behalf of the plaintiff which included payments for his medical bills, lost wages, loss of future earning capacity and pain and suffering.

Have you suffered from a workplace injury? Contact Mazow|McCullough, PC today for a free consultation.

Massachusetts homeowners now risk being sued for slip-and-fall accidents due to snow and ice due to a new ruling by the state’s Supreme Judicial Court. Under the new law, homeowners are legally responsible for clearing any snow or ice that could cause injury to others.

A Landmark Slip-and-Fall Decision

An article in the Boston Globe notes that the decision came about as the result of a lawsuit filed by Emanuel Papadopoulos against the Target store company and the Weiss Landscape Co.

Hired to clear snow and ice from the Target property at Liberty Tree Mall in Danvers in 2002, the Weiss Landscape Co. piled up a bank of snow near a handicapped parking space. This snow melted and froze into ice.

Mr. Papadopoulos, a 76-year-old man from Peabody, slipped on the ice and broke his hip. He then sued the two companies for damages.

Overruling the Lower Courts

Lower courts had ruled in favor of Target and Weiss Landscape, based on rules that made a distinction between artificial and natural ice, but the higher court overturned them. The Supreme Judicial Court stated in its ruling:

“We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to ‘act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk.’ ’’

The Supreme Judicial Court stated the ruling will be put into effect immediately and will also apply retroactively to lawsuits now pending.

The Question of Property Law

If you have any questions about property law and how this ruling might affect your slip-and-fall case, contact the attorneys Robert Mazow and Kevin McCullough at Mazow|McCullough for a free legal consultation. We are here to help.

The CDC has stated that there are now 26 confirmed cases of E. coli 0145 linked to shredded romaine lettuce sold under the Freshway brand and Imperial Sysco brand. These cases include people with E. coli in Michigan, New York, Ohio, Pennsylvania and Tennessee.

Freshway Foods of Sidney, Ohio, has issued a recall for all romaine lettuce products sold under their brand for food service outlets, wholesale, and in-store retail salad bars and delis. Supermarkets have not been affected.

Sufferers have reported symptoms such as bloody diarrhea and abdominal cramps. More serious complications of E. coli include HUS, a severe infection that most commonly affects the elderly and infants.

With more and more E. coli cases arising in Massachusetts, Mazow|McCullough have been working to inform the public of its dangers. We’ve developed a legal first aid kit that outlines the first steps you should take if you think you have E. coli.

And if you or a family member has been affected by E. coli, contact the personal injury attorneys at Mazow|McCullough for advice on your potential legal case.

Massachusetts is now the 27^th state to ban texting in a car. In a concerted effort to prevent serious auto accidents, the state has also banned any cellphone use for drivers under the age of 18.

According to the Boston Globe, the state law will take effect in October and will cover a wide range of reading and writing on mobile devices, including emailing, internet searching and other noncalling activities. The law, passed after a number of high profile deaths in texting auto accidents, also covers drivers waiting at traffic lights and stop signs. An instant $100 fine is possible.

Under 18 drivers may only use their phone for texting or talking in an emergency or when the car is parked. If they break the law, they can have their car licenses suspended for 60 days.

Have you been affected by an auto accident where the driver was texting? Call or email the lawyers at Mazow|McCullough for expert advice on your case.

E. Coli 0145 has been found in bags of unopened fresh lettuce in Ohio, and federal investigators are investigating whether it is linked to an outbreak in Michigan, New York and Ohio, where 12 people were hospitalized for E. Coli infection. In addition, 3 have developed hemolytic uremic syndrome, a potentially fatal impairment of the kidneys.

In Minnesota, a woman paralyzed after eating hamburger tainted with E. Coli, has reached a settlement with the agribusiness giant Cargill Inc.

If you have any questions about an E.Coli outbreak in your state or if you or a family member have been affected by E.Coli 0145, please contact Mazow|McCullough, PC immediately.

Kevin McCullough’s settlement in the Newburyport Superior Court has recently been published by Massachusetts Lawyers Weekly. Click here to see a copy of that report.