Author Archives: Robert I. Feinberg
It May Be After the Fact, But…
A common theme in representing victims of accidents, especially those injuries that occur on premises, is that the landowner or other entity in control of the property may change the conditions that gave rise to the accident after it occurred. Certainly, then, it is imperative for the lawyer to video or photograph the scene as […]
The Open Air of the Courtroom
It has often been said that two things you don’t want to see are “how a sausage is made” and “how laws are made”. In contrast, the philosophy behind civil cases is that there should be full disclosure of information by and to both sides. Rules have been in place for decades now that are […]
At Risk on the Road
According to the CDC, between 2001 and 2008, more than 34,000 motorcyclists were killed and an estimated 1,222,000 persons were treated in a U.S. Emergency Department (ED) for a non-fatal motorcycle related injury. Motorcycle accident death rates increased 55% from 2001 to 2008. According to statistics that are readily available, in 2005, there were 56 […]
SUV-Motorcycle Crash Kills One, Injures Two
On August 4, 2013, a man was killed and his wife hospitalized with serious injuries after their motorcycle collided with a Ford SUV near the intersection of Meadow and Smithville Roads in suburban Boston, Massachusetts. The rider, 58-year-old Thomas Mansfield, was rushed to an area hospital where he was later pronounced dead. 54-year-old Jane Mansfield, […]
Research Links Boston Marathon Bombing Victims to Gulf War Vets and NFL Players
The Boston Marathon Bombing is still fresh on our minds. The victims may be more seriously injured than we thought. Victims of the Boston Marathon bombing in April 2013 may have traumatic brain injuries (TBIs) similar to the TBIs sustained by Persian Gulf War soldiers and National Football League players. Recent evidence suggests that even […]
Study: Hands-Free Worse Than Hand-Held for Drivers
Hands-free driving is not synonymous with risk-free driving, according to a recent study. The American Automobile Association Foundation for Traffic Safety concluded in a recent major study that hands-free mobile technology, and especially advanced operating systems such as the iOS and Cloud, may actually enhance distracted driving instead of reducing it. Other research reaffirms this […]
Nursing Homes: Massachusetts 19th, Alaska Best, Texas Worst
In a recent inspection conducted by a nationwide advocacy group, over three-quarters of Massachusetts’ nursing care facilities were guilty of at least one deficiency. The Families for Better Care (FBC) state-by-state report card cited the number of facilities with serious deficiencies ( 24%), and the extremely high number of verified ombudsman complaints (95%) in ranking […]
Massachusetts Court Upholds Prior Bad Faith Ruling
The Massachusetts Appeals Court recently affirmed a lower court’s decision that an insurance company acted in bad faith by failing to tender a reasonable settlement offer once liability became clear. The court awarded additional damages to the Plaintiff based on the insurance company’s misconduct. Rivera v. Commerce Insurance Company began with a 2003 head-on collision […]
SUV Rollover Accident Causes Critical Injuries
A recent multicar pileup in Jamaica Plain ended when six residents, including four teenagers, were rushed to local hospitals with various injuries. At least two of the victims were in critical condition. Authorities state that a Sport Utility Vehicle (SUV) full of teenagers crossed the center line at around 2:00 p.m. on September 3, 2013. […]
Crash Between Bicycle and Police Cruiser Leaves Two People Hospitalized
Authorities report that a Boston squad car recently collided with a bicycle near the intersection of Merrimac and New Chardon. The accident occurred just a few days after Boston mayoral candidates discussed ways to make the streets safer for bicyclists. Reports state that both the police officer and the 63-year-old rider were taken to a […]