Boston Personal Injury Lawyers Blog

Lawyers Weekly - August 24, 2009

On Labor Day in 2007, an 11-year-old boy and his 8-year-old brother were playing on the grounds of the grammar school they attended, which was a short walk from their home.

Located on the open grounds of the school was a large, three-sided brick structure, designed as a storage enclosure for two trash dumpsters. A 1,600-pound steel gate, which at one time guarded the entrance to the dumpster enclosure, had been removed several years earlier to provide easier access for sanitation trucks. After being removed, the steel gate apparently had been placed in a leaning position against one of the interior walls of the enclosure and was not otherwise secured.

While the boys were playing in the empty enclosure, the steel gate fell. The older boy was killed and his younger brother suffered serious crush injuries.

The defendant, the city in which the boys lived and attended the school, acknowledged leaving the unsecured gate in a precarious state for several years in an area of the yard to which children had easy access and likely would be attracted.

The total settlement represented the maximum damages to which the plaintiffs were legally entitled to recover against a municipal defendant pursuant to G.L.c. 258, §2.

Claims against several other parties named in the suit remain pending.

Type of action: Premises liability
Injuries alleged: Wrongful death, serious crush injuries, emotional distress
Name of case: Withheld
Court/case no.: Essex Superior Court (no. withheld)
Tried before judge or jury: N/A (settled)
Amount of settlement: $600,000
Date: May 12, 2009
Attorneys: Eric J. Parker and Susan M. Bourque, Parker Scheer, Boston (for the plaintiff)

Neck and Brain Injury Can Arise from Driving without a Seatbelt

Although it is the law, many people still do not wear seatbelts, which can lead to horrific consequences such as death or brain injuries and brain trauma. One of the many causes of Traumatic Brain Injury (TBI) is car accidents, and your chances of this happening can increase astronomically if you don't wear a seatbelt. If you are not secured in the event of a car accident then it's more likely you might be thrown from the vehicle or thrown through the windshield.

This type of car accident where you are thrown from the vehicle can lead to serious cases of brain trauma, where there are alterations in the blood flow and increased pressure on the skull. Another common brain injury from not wearing a seatbelt is an injury to the spinal cord or neck trauma, which can range from whiplash to a basilar skull fracture. The latter is what famed race car driver Dale Earnhardt, Sr. died from.

Perhaps one of the most famous cases in recent history of brain damage caused by not wearing a seatbelt is that of John Graziano. He was a passenger in the car of Nick Bollea, son of professional wrestler Hulk Hogan and television star. In a tragic decision, Graziano did not wear a seatbelt. Upon impact, Graziano's life changed forever, going from an active marine to a person who needs round the clock care for the rest of his life. Critical injuries such as these are a reality, happen frequently and tragically in Boston car accidents throughout the Metro-Boston area. Tragic Injuries can befall those who choose not to wear a seatbelt.

If you or a loved one ends up with traumatic brain injuries that result from a car accident, it is best to seek out a Massachusetts brain injury lawyer. At Parker Scheer, you can speak with one of the Boston personal injury attorneys that specialize in traumatic brain injuries that arise from car accidents. The attorney will provide a free consultation. We are a Boston personal injury law firm with over fifty years of combined experience. Please call us anytime, our phone lines are open seven days a week, 24 hours a day at 866-414-0400, or fill our convenient E-form and we will respond within in four hours.

For more information about your rights in connection with a traumatic brain injury case contact us or call our Boston office toll free seven days a week at 866-414-0400. There is never a charge to discuss a potential case.

Boston Lawyer for Chemical Spill

The effects of hazardous chemical inhalation pose a threat to all individuals within our nation. Recently, this summer New Bedford was the location of a mass casualty incident response. 119 people were sent to local area hospitals as a result of exposure to an unknown substance at the ABC trash collection agency. Fire and Police Personal responded to a 911 call from the ABC plant. When they arrived at the scene they found that people working at the plant had been overcome by some sort of chemical vapor.

Two plant workers exposed to this unknown substance were listed in critical condition. The incident occurred in the location were the garbage trucks unload their trash into the hopper. According to authorities the majority of injuries involved similar symptoms, inhalation injuries, and irritation of the mouth, nose, and eyes. Roughly 60 teams of HAZMAT responders were brought to the ABC Plant throughout the day in an effort to pinpoint the dangerous substance.

As a result of the incident police were forced to block regular traffic circulating the area. Ambulances, fire trucks, rescue trucks, and HAZMAT vehicles arrived throughout the day to aid the injured and attempt to identify the unknown substance. Although there were no fatalities in this incident, two plant workers were placed under critical condition at local area hospitals. Neither the cause nor identity of the lethal chemical substance has been identified.

There are numerous types of incidents involving chemical exposure that could potentially pose a threat to a large portion of the population. Common types of incidents include nuclear reactor accidents, industrial accidents, oil and gas drilling, oil and gas spills, scientific research and lab work, biochemical research, garbage exposure, Garbage disposal plants, landscaping, painting, general research, transportation services, farming, and exposure to X rays.

These common types of chemical exposures all have the capability for persons developing severe personal injuries within individuals exposed to the substances. It is of utmost importance that if you or a loved one works or lives in an area associated with dangerous chemicals you routinely check in with medical personal to assess your health.

If you are working or living near an area that is potentially exposed to dangerous chemicals it is essential that you understand the symptoms associated with them. Generally, the symptoms vary depending on which chemicals are inhaled and for how long they were inhaled. Common symptoms include irritation of the skin, irritation of the eyes, nose, ears, cough, and shortness of breath, difficult breathing, and coughing up blood. Yet the inhalation of different gases leads to different symptoms requiring various treatments. Chlorine, phosgene, sulfur dioxide, hydrogen sulfide, nitrogen dioxide, and ammonia, may suddenly be released during industrial accidents and may severely irritate the lungs. Respirators and inhalers are commonly used to alleviate these symptoms. Gases such as chlorine and ammonia easily dissolve and immediately irritate the mouth, nose, and throat.

Radioactive gases, which may be released in a nuclear reactor accident, may cause different forms of cancer years after the initial exposure. Further, the inhalation of certain gases could trigger an allergic response in certain individuals leading to inflammation, irritating skin, and even death.

If you are experiencing any of these symptoms you should immediately seek medical assistance. One common mistake is waiting to see if the symptoms dissipate. This only leads to them worsening and potentially becoming incurable. At Parker Scheer, we understand the different forms of chemical exposure.

We seek to give individuals expert advice on how to deal with the various treatments and expenses associated with their exposure to chemicals. If you or a loved one has been exposed to chemicals, due another parties negligence then call a Parker Scheer attorney today.

For more information about your rights in connection with a chemical spill or chemical exposure injury, contact us or call our Boston office toll free seven days a week at 866-414-0400. There is never a charge to discuss a potential case.

New Bedford, Massachusetts. More than 50 people were treated Monday for symptoms of noxious gas exposure at the ABC Disposal facility in New Bedford. At least two people were reportedly in critical condition as a result of the incident. According to published reports, victims reported nausea, vomiting and breathing difficulties, although the source and composition of the chemicals remains unknown.

According to the company's website, ABC Disposal collects, transports and disposes over 200,000 tons of non-hazardous waste for more than 10,000 satisfied customers each year. The company claims that its equipment is state-of-the-art.

Parker Scheer LLP, a leading Boston personal injury law firm, has successfully represented persons injured as a result of chemical exposure caused by negligence. If you or someone you know has been injured as a result of exposure to hazardous chemicals, contact us seven days, toll free at 866-414-0400 or by email to info@parkerscheer.com