Articles Posted in Wrongful Death

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State Police have apprehended the truck driver involved in a fatal hit-and-run collision on Tuesday night in Webster, MA. “The truck’s operator is a 44-year-old Dracut man, who was interviewed by field troopers and State Police detectives assigned to the Worcester District Attorney’s Office early this morning,” said a spokesman for the Massachusetts State Police. Authorities are not releasing his name at this time.

The driver struck and killed Jeremy Paige, 24, of Webster, MA at 11:10 p.m. while Paige was walking in the westbound travel lane on the ramp from Cudworth Road to Route 395. The driver continued driving until police stopped him in Woburn, MA shortly after midnight, said Mass State Police.

State Police officers investigating the incident tracked the vehicle to the LKO Corporation, and eventually found it on Route 93 near exit 37. Authorities had the truck towed to Cody’s tow yard, impounding it for further investigation, although initial reports indicate that it was in fact the vehicle involved in the crash, said the Mass State Police.

Authorities are still deciding whether to file criminal charges against the driver.

Hit-and-Run Collisions with Pedestrians

Our attorneys at Altman & Altman, LLP recognize the tragic consequences hit-and-run collisions can have for victims and their families. Unfortunately, these incidents happen too frequently in Massachusetts.

Drivers are legally required to stop after being involved in an accident. Most do, but some, perhaps fearing prosecution and jail time, flee the scene of the crash. When police eventually locate the driver, as they almost always do, the penalties will be stiffer than if he or she had stopped.
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A motor vehicle struck two pedestrians Wednesday night in Malden, MA. One of the pedestrians, a 50-year-old woman, died in the collision, Malden police said. Authorities have not released her name. The car also struck a 45-year-old man, resulting in his transportation to a local hospital for treatment.

Authorities did not release his name either, but his wife later identified him as “Mr. He.” She stated to the Malden Observer that the accident occurred after He had just exited the bus and was on his way home from work. “We’re still in shock,” she said. “He’s only one minute away from home, and in the middle of nowhere, there came a car driving so fast it just hit him. He didn’t see it coming at all..we’re still shaken by the whole thing and feel very bad about the woman who died from the accident, my husband was only one or two steps in front of her.”

He was released from Mass General Hospital on Thursday after reporting injuries to his head, neck, back, and leg. The family relocated to the United States from Guanzhou, China six years ago and currently reside in local public housing, said He’s wife.

The accident is still under investigation, said Malden Police Lt. Marc Gatcomb.

Police arrived at the scene of collision in the Broadway area Wednesday evening after receiving reports of a vehicle hitting two pedestrians. They have identified the driver, who remained at the scene until authorities arrived, as a local woman, offering no additional details.
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An Ipswich woman has died after being involved in a two-car collision in Gloucester, MA on Saturday night, accord to Chief Leonard Campanello. Mary Lipman, 52, was transported from the scene of the accident to Addison Gilbert Hospital, where she was pronounced dead at 9:47 p.m.

Rebecca Jacques, 52 of Gloucester, was driving the vehicle that collided with Lipman’s. Jacques will be arraigned on Monday in Gloucester District Court facing charges of negligent operation of a motor vehicle, operating after suspension, and a marked lane violation, authorities said. Prosecutors say more charges may be forthcoming. State and local police are continuing to investigate the incident.

Witnesses have given a preliminary account of how the accident occurred. According to numerous people who observed the incident, Jacques’ pick-up truck crossed back-and-forth from the outbound and inbound lanes to Gloucester when it struck Limpan’s vehicle, which had swerved to avoid the erratic pickup.

Chief Campanello would not confirm that account, but acknowledged that the collision involved one vehicle crossing the center line and striking the other. The district attorney’s office is still trying to reconstruct the accident, and it will be issuing a more complete report, possibly on Monday, said Campanello.

One witness reported that Jacques’ pickup truck was driving erratically on Emerson Avenue earlier in the day.

The driver of Lipman’s vehicle, an off-duty state trooper, was injured in the crash.
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A MA judge has allowed a lawsuit to proceed against the Kraft Group and other companies affiliated with Gillette Stadium.

The lawsuit is the result of a crash that killed Debra Davis, 20 of Milton and Alexa Latteo, 19 of Mansfield, and injured 24-year-old Nina Houlihan. The three women were ordered to leave the Gillette stadium parking lot after they had been drinking there for five hours during the New England Country Music Festival on July 26, 2008. Their vehicle later crashed into a tree approximately a mile from the stadium.

Norfolk County Superior Court Judge Patrick Brady ruled that companies responsible for parking and security at Gillette stadium have a duty of reasonable care to patrons on their property, even if the patrons are acting in a risky and illegal manner. Judge Brady said it was foreseeable that teenagers not intending to enter the concert would drink excessively on the premises. He added that security did not properly look for underage drinking or ensure that customers in the parking lot had tickets.

Judge Brady’s decision will permit a jury to determine whether the Kraft companies are liable for the women’s deaths and injuries.

Houlihan and Davis’ family are suing the Kraft group and several affiliated entities, with Houlihan seeking $250,000 in damages and the Davis family asking for at least $2.5 million, said their lawyer, Joseph C. Borsellino.

Borsellino argued that the companies failed to properly supervise the parking lot where underage drinking was happening. “The venues for sports and entertainment have always thought they were insulated from liability,” he said. “This decision says, no, if you’re in the business of profit making and you’re selling space on your property, you have an obligation to make that property safe.”

An attorney for the defendants argued that the Kraft Group and affiliated companies should not be responsible for the accident because the women were engaged in criminal activity and trespassing since they lacked tickets for the event. Signs posted at the stadium indicate that only ticket holders may be in the parking lot, said the defendants’ attorneys.

The defendant companies FXP LLC, TeamOps LLC, and NPS LLC had filed motions for summary judgment that would have dismissed the case, but Judge Brady denied the motions.
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Phyo Kyaw, a 2010 Massachusetts Institute of Technology graduate, age 23, was killed on campus on Tuesday night after his bicycle was hit by an oil tanker. At approximately 7:40 p.m., he was riding his bicycle at the intersection of Vassar Street and Massachusetts Avenue when the oil tanker was turning from Massachusetts Avenue onto Vassar Street, towards Main Street. Kyaw was transported to Massachusetts General Hospital where he was pronounced dead.

Kyaw, from the Southeast Asian nation of Myanmar, graduated from MIT in 2010 with a bachelor’s degree in chemical-biological engineering. According to the MIT News Office, Kyaw was a member of the Sigma Nu fraternity. After he graduated, he was working as a research scientist at Soane Labs in Cambridge.

Cambridge police said that there have been 27 recorded accidents at the Massachusetts Avenue and Vassar Street intersection since January 2010. MIT Chancellor Eric Grimson commented “This death, so tragic and so close to home, touches and concerns our entire community…Our thoughts go out to Phyo Kyaw’s family, friends, and classmates. We share their sense of loss and grief.”

The Middlesex District Attorney’s office is leading the investigation into the crash and is working with the Cambridge and MIT police departments. The truck driver was uninjured in the accident and he has not been charged.

According to the Massachusetts Department of Transportation, from 2002 through 2009, approximately 400 car crashes, fatal and non-fatal, were involving cyclists. Statistics additionally reveal that more bike and car accidents happen in Cambridge more than in any other Massachusetts community. As a preventative measure to bike accidents with vehicles, MassDOT provides these helpful safety guidelines for bicyclists:

• Give yourself space from cars • Ride in the same direction as traffic • Always wear your helmet • Stop at red lights and stop signs • Put front and back lights on your bike at night
The National Highway Traffic Safety Administration (NHTSA) reports that in 2009 alone, 630 cyclists were killed in the United States. In addition to this, 51,000 were injured in motor vehicle traffic accidents. Cyclist deaths thus made up 2% of all motor vehicle accident fatalities. Approximately 70% of all bicycle fatalities happen in urban centers or college campuses, such as the case here, where there are more cars and bikes on the road together. The NHTSA also reports that bicycle helmets are 85% to 88% effective at preventing head injuries and death. However, the statistics show that less than 25% of all bicyclists wear a helmet.

If you have been injured or involved in a Massachusetts car or bike accident, it is in your best interest to contact an experienced Massachusetts lawyer.

Sources:

Cyclist killed in Cambridge accident ID´d, The Boston Herald, December 29, 2011
MIT graduate is identified as victim in bicycle-truck collision, The Boston Globe, December 28, 2011
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U.S. Marine Corps veteran Edwin Nelson, 65, was killed when his motorized wheelchair was hit by oncoming traffic earlier this week in Brockton. According to witnesses, Nelson was crossing in a crosswalk on Belmont Street, also known as Route 123, when a Hyundai Elantra driven by 26-year-old Frank Dernoga, of Taunton, crashed into his wheelchair. He was knocked off his wheelchair near the crosswalk and rolled into the street. He was taken to Good Samaritan Medical Center and was pronounced dead.

Nelson was living at the Veterans Affairs Medical Center which is located less than a mile away from the crash site. He was a Vietnam veteran with a spinal cord injury that led to the amputation of both of his legs. His son, Geoff Nelson, wrote that his father had been a part of research to help pioneer spinal-cord medicine over the past 36 years, along with many other spinal-cord injury patients at the Veterans Affairs Medical Center.

Nelson’s fatal accident has drawn attention to safety issues for pedestrians on Belmont Street, especially for disabled veterans who frequent the notoriously busy street. A spokeswoman for the Veterans Affairs Medical Center, Pallis Wahl, said that a treatment team including a doctor, nurse, and social worker, evaluates each patient on an individual basis to determine the necessary care and whether or not a patient needs to be escorted when outside of the facility. It was determined that Nelson was fit to be outside of the facility without supervision from an escort. Wahl said, “It’s a case-by-case basis.”

Some local residents believe that the disabled patients should always have an escort for their own safety given the circumstances of Belmont Street. One resident commented, “It is sad…I’ve seen the conditions of driving on Belmont Street. It’s atrocious.”

Police are reportedly reviewing surveillance video from a business close to the scene of the accident that captured the crash. There has not been any decision as of this week as to whether Dernoga will face charges.

If you have been injured in a Massachusetts car accident or involved in a pedestrian, wheelchair, or bike accident, it is in your best interest to contact an experienced Massachusetts lawyer.

Sources:

Disabled vet killed in Brockton accident helped pioneer spinal-cord medicine, Taunton Daily Gazette, October 26, 2011
Military veteran killed in Brockton road crash, www.Boston.com, October 24, 2011
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A Bridgewater woman has been charged with drunken driving in a crash last weekend that killed an Easton woman. Patricia Neville-Colp, 48, was arraigned on September 12 in the Stoughton District Court for motor vehicle homicide while under the influence of alcohol and drugs, for leaving the scene of an accident, and for 7 other related charges. Her cash bail was set at $100,000, which was ten times higher than the bail sought by prosecutors. Such a high bail is an example of lawmakers´ recent attempts to crackdown on repeat dangerous drivers.

Neville-Colp’s state driving record revealed seven surchargeable accidents. Under Massachusetts law, a driver may incur a surcharge for any of the following reasons:

• pays the fine assessed • is found guilty or responsible by the court • is assigned by the court to a driver alcohol education program or a controlled substance abuse treatment or rehabilitation program • defaults on the citation by failing to pay the assessed fine or attending the hearing
Three of these surcharges occurred within the past five years and Neville-Colp received four speeding fines since 1982.

Senate Minority Leader Bruce Tarr (R-Gloucester), who is responsible for last month´s bill to toughen penalties for repeat dangerous drivers, said “We have to have some system in place that recognizes the cumulative nature of these offenses – and today we don’t…With each passing day, we see more tragedy on the roadway of the commonwealth, and we need to address it.”

State police report that Neville-Colp’s Jeep Grand Cherokee smashed into the side of a Kia Sportage just after 11 p.m. Saturday on Route 24. Kia passenger Maureen O’Brien Ellis, 57, of Easton was pronounced dead at the scene. The driver of the Kia, Steven H. Cadoff, 64, and passenger Martha A. Cadoff, 63, were hospitalized with injuries.

State police reported that Neville-Colp was obviously intoxicated when they pulled her over on Route 25. Trooper Brian Berry reported: “Her eyes were bloodshot and glassy…Her speech was slurred and thick-tongued.” Neville-Colp first told police she was coming from work but then later admitted she had been drinking at a local bar. State troopers also reportedly found 17 marijuana cigarettes and a bottle of pills in her car.

If you have been involved in a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Sources:

High bail set for Mass. woman in fatal car crash, Boston Globe, September 12, 2011
Crackdown urged after deadly crash, The Boston Herald, September 12, 2011
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Authorities are investigating a fatal car crash in Warren on the Massachusetts Turnpike that killed a woman from Portsmouth, New Hampshire, on September 2. Police report that 62-year-old Kathleen Meats died after her left rear wheel had dislodged from her vehicle which caused her to lose control of her car. Her vehicle hit a guardrail, spun out of control, and crashed into an embankment.

Kathleen Meats was taken to the Palmer Wing Memorial Hospital and pronounced dead. Meats´ 24-year-old daughter, Kathleena Meats, was a passenger in the vehicle and was wearing her seatbelt. She was also taken to the Palmer Wing Memorial Hospital and is reported to have suffered minor injuries from the accident.

The accident remains under investigation with the assistance of the State Police Collision Analysis and Reconstruction Section and the State Police Crime Scene Services Section. State Troopers were assisted at the scene of the accident by the Warren and Brimfield Fire Departments and the Department of Transportation Highway Division.

Although the details of this accident are still under investigation, this accident could potentially be a defective products case as the tire was possibly defective or not properly attached to the vehicle. Investigators would need to know whether or not Meats´ vehicle had any recent tire maintenance.

The National Highway Traffic Safety Administration (NHTSA) reports that seatbelts save over 13,000 lives per year. The NHTSA provides the following tips on the importance of seatbelt safety:

• Wearing a seatbelt is the best way to protect yourself in an accident • Airbags do not replace seatbelts • To buckle-up correctly, the lap belt and shoulder belt should be secure across the pelvis and rib cage • Everyone should wear a seatbelt despite age or condition. Pregnant women, obese, and elderly, can all effectively buckle-up safely.

If you have been injured in a Massachusetts car accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer.

Sources:

NH woman dies in Mass. car crash, Boston Herald, September 3, 2011
Massachusetts turnpike crash in Warren claims life of Kathleen Meats, 62, of Portsmouth, NH, MassLive.com, September 2, 2011
Woman killed when tire comes off on Mass. Pike, Worcester Telegram, September 3, 2011
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At approximately 5:30 a.m. on Sunday near 335 Lee Burbank Highway in Revere, Sothany Pen, 22, was hit and killed by a vehicle that fled the scene of the accident. Jon J. Ravida, 47, who struck Pen, reportedly returned to his mother´s house after the accident, hid his damaged Ford Explorer, and then drove past the scene of the accident in his mother´s vehicle. He is also accused of bleaching the stain on his vehicle and trying to hammer out the dents in his vehicle. Megan O’Rourke, Suffolk County assistant district attorney, said during Ravida’s arraignment in Chelsea District Court that he went to great lengths to try to cover up his involvement in the accident.

A Revere police account reported that a witness saw Ravida purchasing cigarettes at a Hess gas station. Ravida and the witness ended up in the same flow of traffic on the northbound side of the freeway and the witness noticed Ravida cross from the left lane and then back to the right lane before swerving back to the left lane. The witness noticed an object fall off of Ravida´s roof which he believed at the time to be a piece of luggage. He then saw Pen lying in the street and pulled over to help her and called 911. At this point, Ravida reversed his vehicle and turned around to go south on the road despite the witness´s attempt to flag him down. Pen had severe head injuries, was not breathing, and had no pulse by the time police arrived.

Another witness, John Merullo, said that he was sitting in the employee parking lot of Capitol Waste Services, a trash hauling company in East Boston, and saw the suspect pull up next to him at 5:35 a.m., immediately following the accident. Merullo commented “I could see fear on his face…Then he very calmly backed out, like he didn’t want to arise suspicion. But the front of his Explorer had a lot of damage to the front, and it was obvious to me that something serious had just happened.” Merullo then drove a short distance before finding the scene of the accident and told police what he had just observed and that the employee parking lot has surveillance cameras. Police also retrieved video surveillance footage from the gas station.

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A Jamaica Plain man has died after a two-car crash early on Sunday morning in Quincy. A preliminary investigation by State Police reveals that the 50-year old Jamaica Plain man was driving a 1995 Ford Explorer on Quincy Shore Drive northbound when another vehicle driven by a man from Plymouth, 28-year-old Anthony Deicicchi, was driving southbound and crossed over the center divider line into the opposite lane of traffic. Deicicchi hit the Explorer head-on. The 50-year-old driver and his passenger, a 22-year-old Dorchester man, were both taken to Boston Medical Center with life-threatening injuries. The 50-year-old driver was pronounced dead at the hospital. Deicicchi´s passenger, a 27-year-old man from Hull, was taken to Boston Medical Center, also with serious injuries.

Deicicchi will be arraigned for the death of the driver in Quincy District Court. State Troopers found that Deicicchi was under the influence at the scene of the accident and arrested him. He has been charged with motor vehicle homicide while operating under the influence, two counts of operating under the influence of alcohol causing serious bodily injury for the two surviving victims, operating under the influence of alcohol, negligent operation of a motor vehicle, and for violating marked lanes.

The accident is under investigation by Troop H of the Massachusetts State Police, the State Police Collision Analysis and Reconstruction Section, and the State Police Crime Scene Services Section.

Massachusetts General Law, Part I, Title XIV, Chapter 90, Section 24, (1) (a) (1), states that “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances…shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

Although the circumstances and the cause of the accident are still under investigation, it is very likely that this accident was due to Deicicchi´s inebriation. The National Highway Traffic Safety Administration (NHTSA) estimates that in 2006 alone, 17,941 people died because of alcohol-related collisions in the United States.

As summertime approaches its midpoint, we unfortunately see more of these tragic accidents. Failing to use common sense while drinking and driving can have catastrophic consequences on your life and the lives of others. You have heard this a thousand times before but it can’t be said enough – if you choose to drink, drink responsibly. Whether it requires to take a cab, leave your car, call a friend, our just stay where you are until you are able to safely drive, please do it.

If you have been a victim of a road accident, it is in your best interest to contact an experienced Massachusetts car accident lawyer as soon as possible.

Source:

Plymouth man charged in fatal crash, Wicked Local Plymouth / Enterprise News, July 11, 2011
Massachusetts General Laws, Part I, Title XIV, Chapter 90, Section 24

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