An estimated 250,000-450,000 Americans are living with spinal cord injury . The primary causes are motor vehicle accidents (nearly 50%), falls, violence (especially gunshot wounds) and sports activities. The majority of victims are males under the age of 30 (some studies indicate that the age range has risen in recent years). Spinal cord injuries are either complete or incomplete and their...
When attorneys handle a case involving paralysis or other catastrophic injuries, one of the biggest challenges is effectively portraying their impact on the client's life. Words are powerful, but go only so far. One of the most effective tools available to the trial lawyer is the day in the life video. These videos show more dramatically than any verbal description, the difficulties posed by the...
The Supreme Judicial Court of Massachusetts just ruled that commercial establishments that serve drinks to underage persons (under 21 in Massachusetts) have a higher level of liability than when they serve to legal age, intoxicated patrons. The case, decided on January 9, 2007, is Nunez v. Carrabba' Italian Grille, Inc. The plaintiff, a 19 year old, spent a night drinking heavily at Carrabba's...
Driving while chowing down a donut, alternating the snack with a cup of hot coffee, is a time-honored example of dangerous, distracted driving. Even though driving safety researchers preached that drinking a beverage while driving, could lead to car crashes due to distraction, human nature dictated that eating and drinking while driving, was never going to stop. The ante was raised with the...
Most states in the US have some form of laws imposing liability on liquor licensees that serve liquor to clearly intoxicated persons who then go out to cause injury or wrongful death to a third party, usually by causing a car crash. The laws are known as "dram shop" acts. Organizations such as MADD (Mothers Against Drunk Driving) have been quite successful in campaigning and lobbying to get...
On Tuesday afternoon a freight train rolled from a side track onto the main line and collided with a commuter train that was stationary injuring over 200 people. Around 150 people were treated on scene and another 80 were taken to local hospitals. None of the injuries were life-threatening and the majority were minor. There were about 300 passengers on the Stoughton-bound train.Pesaturo said...
If the sight of the driver to your right on the interstate, chatting away on his cell phone gets you angry, you've got a right to be. Various studies have shown that driving while talking on a cell phone can be as dangerous as driving with a blood alcohol level over the legal limit. Estimates of the number of U.S. traffic fatalities caused by cell phone talking while driving are generally in the...
A decade ago, Congress passed the Traumatic Brain Injury Act of 1996. The legislation reflected a recognition at the highest levels of national leadership that traumatic brain injury (TBI) was an under-recognized problem that affected millions of people. With the legislation, Congress appropriated funds to study the prevalence of TBI and to encourage innovative efforts to reduce the incidence of...
Voir dire is the process whereby potential jurors are questioned before they are selected, to probe for biases that might impair their ability to impartially judge the facts. Voir dire has been described in a "Law Day" outline of the American Bar Association, as "one of the most important aspects of any trial." Massachusetts is one of only a few states in the country in which voir dire is not...
The federal Appeals Court of the D.C. Circuit, struck down new rules of the Federal Motor Carrier Safety Administration, that would have allowed big rig truckers to drive many more consecutive hours. The case was brought by Public Citizen, a public safety advocacy group, and other groups formed to protect the public against tired truckers. The Appeals Court held that the federal agency had not...
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