personal injury

February 26, 2013

Risk of workplace accident cited in OSHA fines in Massachusetts

A retail clothing chain has come under fire from the Occupational Safety and Health Administration once again. Forever 21 was cited following an inspection at one of its stores at the Burlington Mall in Dec. 2012. The store was accused of exposing its employees at the Massachusetts location to the risk of a workplace accident.

The issues identified in the OSHA investigation were a repetition of the very same problems OSHA encountered when it previously inspected a Forever 21 store in another state. The prior violations were found in 2011. As a result of the repeat violations, the latest fines against the company total $55,000.

Two workplace safety issues were identified. Stock items were discovered piled in such a manner that employees were placed at risk of injury from falling boxes. Moreover, the emergency exits were either blocked or the passageways otherwise too small to accommodate the safety of the company’s workers.

December 19, 2012

Massachusetts car accident hurts 3; Police investigating

By John C. Manoog III

Fortunately, not every Massachusetts car accident results in life threatening injuries. However, that does not mean that the consequences for victims are necessarily limited to just bumps and bruises. In the immediate aftermath of a car accident, the victims may not know the extent or severity of their injuries. One recent crash in Shrewsbury resulted in hospitalization for three victims, though they were all expected to survive their injuries.

The car accident happened in the late morning hours in early December. A Massachusetts man from Worcester was headed eastbound on Route 20 when he tried to turn left into the Olde Shrewsbury Village Shopping Plaza. In doing so, he collided with a westbound car driven by a man from out of state.

In all, injuries were reported to three people. It is not clear in which vehicles these individuals were riding. Further, the specific nature and extent of any injuries sustained was not reported. Beyond the fact that no one was said to be in danger of losing their life, no updated medical conditions were immediately available.

September 25, 2012

Massachusetts car accident: Pedestrian killed saving 4-year-old

By John C. Manoog III

A horrific Massachusetts car accident has resulted in the death of a 38-year-old man and critical injuries to the 4-year-old daughter of his girlfriend. The fatal car accident occurred in Whitman at around 2 p.m. on a recent Sunday. The man was crossing the street, along with the young girl on her pink bicycle, when tragedy struck. He was thrown about 10 feet from the crash, and the bicycle ended up underneath the front portion of the pickup truck which struck them.

Details of the crash were sparse, though a throng of neighbors rushed out of their houses when they heard the collision. One noted that it sounded like a rear-end collision but does not recall hearing the screeching of brakes. The male victim was said to have rushed to save the girl and thus received the majority of the impact from the vehicle. The girl apparently awakened during the ambulance trip to the hospital and was crying for her mother. She was subsequently reported in stable condition at Massachusetts General Hospital.

Neighbors noted that the roadway was dangerous. Other accidents have apparently occurred at the same location, though this was said to be different because it involved two pedestrians. Few details of the crash itself were disclosed, and it is unclear what caused the pickup to strike the pair. The driver is a 46-year-old Attleboro resident.

September 7, 2012

Massachusetts motor vehicle accident: Autistic teen on bike hit

By John C. Manoog III

A Massachusetts family beset by tragedy 4 years ago is confronting it once again. A 13-year-old bicycle riding boy who suffers from autism was struck in a motor vehicle accident near Cape Cod. The boy was seriously injured in Fall River and airlifted to Tufts University Hospital in Boston following the collision. Though the specific nature of his injuries was not detailed, it was subsequently reported that his condition was listed as fair at the University’s Floating Hospital for Children.

The crash occurred when a small truck owned by a landscaping company turned onto a local roadway from another street. The truck was towing landscaping equipment, and the crash was said to have happened opposite a local housing complex. The bicycle ended up underneath the right front portion of the truck.

Authorities are investigating. Although several equipment violations were issued to the driver and landscaping company, no citations have as yet been issued concerning the motor vehicle accident itself. The 29-year-old truck driver is a local resident as well. Both the Massachusetts State Police Accident Reconstruction Unit and the Foxboro police were investigating the incident.

August 22, 2012

Cape Cod community sees increase in dog bite cases

By John C. Manoog III

One Cape Cod community has experienced a rash of dog bite complaints over the months of June and July. The law requires that a doctor treating a cat or dog bite victim must report the incident to the local animal control officer (ACO). Once notified, the ACO then places the animal under quarantine for 10 days and checks periodically over that time period to ensure the person responsible for the animal is in conformance with the law.

In the Cape Cod community of Dennis there were nine dog bite reports in June alone. Four more were logged in July. A prior ACO said that, in her many years on the job, she had never before seen as many as nine reported dog bite cases in one month. It is reported that there are over 1800 licensed dogs in Dennis alone.

The current Dennis ACO said that at least some of the recent dog bite attacks could have been prevented. She reiterated that no one should approach a strange dog, even those that appear friendly. One should not make the assumption that it is okay to touch a dog. Further, owners are cautioned to keep their dogs on a leash in well populated areas unless the animal is voice trained.

August 1, 2012

Massachusetts car accident: Mother dead, child seriously injured

By John C. Manoog III

While there may be more physically damaging accidents, a hit-and-run accident is one of the most emotionally draining types of car accidents possible. Not knowing who hit you can wreak havoc on your mind, and when there is no one to stand accountable for the crash, there is no closure available in the form of justice through the Massachusetts legal process. The situation is even worse if there are seriously injuries as a result of the car accident

A 19-year-old mother, pregnant with another child, was pushing her almost 2-year-old daughter in a stroller in Springfield. They were walking across the street during the evening when a vehicle struck her and the stroller and subsequently fled the scene. Reportedly, a second car drove over the mother, likely unable to respond fast enough to the first impact from the other vehicle. The 23-year-old driver of the second car stopped at the scene and will not face any criminal charges, according to authorities.

The young mother was killed in the crash; her daughter is hospitalized in intensive care due to injuries sustained during the accident. A 35-year-old man believed to be the driver who struck the woman and child is now under arrest and is facing a number of charges. The charges include leaving the scene of an accident, motor vehicle homicide and leaving the scene of an accident that resulted in a fatality.

July 27, 2012

Route 24 car accident north of Cape Cod kills 2, injures more

By John C. Manoog III

A deadly crash occurred on a recent Sunday morning just before 4 a.m. on Route 24. The Massachusetts State Police, along with its Collision Analysis and Reconstruction Section (CARS), are working to piece together exactly what happened in this tragic incident. Two people were killed in the car accident, and at least three others appear to have been injured in the four-vehicle collision. The accident took place in Plymouth County near Cape Cod.

Preliminary reports say that a 19-year-old woman was traveling in the wrong direction, headed south in the northbound lanes of Route 24 in West Bridgewater. Her Toyota Corolla struck a pickup truck head-on and may have been hit by another vehicle after that first collision. She was pronounced dead at the scene of the crash.

The pickup driver, a 44-year-old man, was trapped in his vehicle as it burst into flames. He was also declared dead at the scene. His passenger, a 42-year-old woman who shared his last name, was able to escape the wreck. She was said to have suffered injuries that were initially described as minor. The drivers of two additional vehicles were transported to Good Samaritan Hospital, one with non-life threatening injuries and the other for evaluation of potentially minor injuries.

July 17, 2012

Norfolk propane explosion sparks wrongful death settlement

By John C. Manoog III

At the tail end of July 2010, a 46-year-old Massachusetts man was working for a Franklin electric company in the basement of a Norfolk condominium at about 12:30 p.m. In addition to his job working as an electrician, he was also a lead guitar player for an area band called Fatty Mac.

Little did he know when he went to work that day that he had already played his last song. Instead, his family would soon be fighting for justice by filing a wrongful death claim against the companies whose negligence allegedly caused his death in a propane tank explosion that summer day.

The wrongful death lawsuit subsequently filed by the victim’s family alleged several acts of negligence against EnergyUSA Propane and Smolinsky Brothers Plumbing and Heating (Smolinsky) in regard to the installation of a new underground propane tank at the condominium development.

July 5, 2012

Massachusetts dog bite case has Chelmsford barking

By John C. Manoog III

Two recent dog bite incidents in the Massachusetts town of Chelmsford have not only resulted in serious injury but also hearings before the town selectmen to determine what to do about the perceived problem. Both incidents concern the same pit bull and involve dog bite incidents on the owners’ property.

The family has lived in the town for more than a year and a half and has displayed Beware of Dog signs in their backyard. While the selectmen consider the matter, the family has been ordered to muzzle the dog, have the animal examined at the Lowell Humane Society and post more Beware of Dog signs in the front of their home.

The first attack occurred on May 1 when a neighbor came by for an arranged visit. The dog owner claims she was not able to get the animal leashed in time, and the dog bit the visitor on the hand, requiring seven stitches to close the wound. The second attack happened on June 12 as a couple, who had been hired by the homeowners to trim trees on the property outside a fenced area for the dog, was finishing their work. The homeowner let the dog outside, apparently thinking the workers had left. Instead, the dog attacked the female worker, and she received extensive tissue damage on her forearm as a result of the dog bite.

June 26, 2012

Rabid cat prompts workers’ compensation claim

By John C. Manoog III

A 1998 Massachusetts study found that the average cost for the complete series of rabies treatment was $2,376. Another state indicated the cost can now exceed $7,000. Those significant figures were relevant to a recent workers’ compensation claim in a southern state, filed by a former veterinarian assistant.

The woman was working as a vet assistant on May 2, 2011 when she was asked to hold down a cat so that blood could be drawn. She did so, though she was reported to have open wounds and scratches on her arms that were unrelated to the cat. Subsequently, the cat was diagnosed with rabies, and the worker underwent a two-week series of rabies treatment that was initiated two days later. The treatment was based on the fact that she was exposed to the saliva of the cat during the blood drawing procedure. As a Massachusetts worker facing a similar predicament might do, she filed a workers’ compensation claim to cover her expenses related to the treatment.

A veterinarian in the clinic where the woman worked submitted a letter on her behalf. The doctor stated the worker was exposed to the cat’s saliva and thus could face the possibility of contracting rabies. Essentially, if the cat licked its wounds and the worker’s open wound came in contact with the saliva, the worker would be at risk for rabies. The doctor offered that she had confirmed with the local Virginia hospital that the worker needed post-exposure rabies treatment.