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The No Nonsense Approach
The course of a trial is often very different from what is shown on television. The very best trials proceed in a smooth way with a minimum of theatrics. The tempo should really be one of consistent questioning and answering, and very little in the way of objecting. To be sure, objections may be necessary […]
Will Anti-Concussion Technology Prove a Hit?
ESPN has just pulled out of a Frontline PBS documentary on the NFL and head injuries. The documentary is to be titled “League of Denial”. By now, it comes as no surprise that the NFL has a serious problem. The game is as popular as ever but something will need to be done to address […]
Impaneling
During the jury empanelment stage of both civil and criminal trials, there are inevitably some prospective jurors who raise their hands when asked whether service would impose an extreme and unusual hardship. Generally, those jurors are excused. Other prospective juror may feel that there is a reason that they cannot be impartial and, in that […]
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 […]