Family of Comedian James McNair Settles Wrongful Death Suit with Walmart for $10 Million.

Mourning the untimely loss of a close family member is a harrowing ordeal that no person should ever have to endure.  No one should have to experience the crushing sorrow of losing a child or a parent prematurely.  Yet, in today’s world, we are constantly facing the odds of an accidental injury to someone we love; in the most tragic cases, we may be forced to confront a wrongful death.  For the victims’ families, there can never be a solution equivalent to holding your loved one again.  No amount of money can ever soothe the wounds that are left in the wake of such a loss.

Nonetheless, many state laws have been crafted to give these grieving families the means to get help and find some closure regarding the passing of their relative.  Wrongful death lawsuits, though varying in nature, often result in families seeking fair and just monetary compensation from those who are legally responsible for the victim’s death.  In retaining a wrongful death attorney, the likelihood of recovering such money damages increases exponentially.

In June of 2014, comedians Tracy Morgan and James McNair were riding in a limousine on the New Jersey Turnpike.  The two friends were coming back from a show in Delaware  that was just over the state line.

According to the Legal Examiner, Morgan and McNair were in the car when a tractor-trailer truck owned by Wal-Mart smashed into them.  The driver of the truck, Kevin Roper, had apparently lost control of the truck.

Morgan was critically injured in the accident and was immediately rushed to the hospital.  McNair was not so fortunate.  Efforts to revive him proved fruitless.

In the wake of the tragic truck accident, Mr. McNair’s estate and family members filed a wrongful death lawsuit against Roper, and his employer, Wal-Mart.  Just recently, the McNairs settled with the retail giant for $10 million.  According to their attorney, Benedict Morelli, the settlement money will go towards annuities paying for their monthly expenses, starting at $3,000 a month, for the rest of their lives.

If your family has felt the sting of loss in a wrongful death incident, please call our Massachusetts wrongful death attorneys, 24/7, at 617-787-3700.  Your needs are our top priority!

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Truck Accident Lawyer, Boston Wrongful Death Lawyer | Leave a comment

McDonald’s Employees File Lawsuit After Suffering Burn Injuries and Being Told to Treat With Condiments.

“Suck it up and rub some dirt on it.”  Did you ever hear this brazen phrase, or some variation of it?  In all likelihood, if you did, your first memory of it probably has something to do with sports or just being “tough” in general.  Getting injured in a sport is not unusual and toughness is an objective characteristic.  For example, “sucking it up” and refusing to seek treatment for an injury might seem tough and gritty; but in reality, it’s just plain stupid.

For many years, American society has been strongly influenced by the male agenda.  Being tough and not showing pain or emotion have been the hallmark of a “man’s man.” Thankfully, that paradigm is shifting.  Persevering through pain is an admirable trait when circumstances require it, but when medical attention is ready and available, the decision to refuse it is nothing short of ignorant.

Brittney Berry has worked at a McDonald’s restaurant in Chicago since 2011.  Just recently, she and a number of other restaurant employees have filed complaints for incidents relating to burn injuries suffered on the job.

According to USA Today, more than 28 civil complaints have been filed against the “super-size me” fast food giant.  The complaints cover 19 cities in total.

The lawsuits, filed with the U.S. Occupational Safety and Health Administration (OSHA), allege that understaffing and pressure to work too fast are the drivers behind the worker injuries. They also allege that many McDonald’s restaurants lack the basic first-aid or protective gear necessary to ensure workers’ safety.

Berry’s case, however, may be the most shocking one of them all.  She claims that several months ago, her manager had been forcing her to work faster.  But when she tried to hurry, she slipped on a wet kitchen floor and her arm fell onto a hot grill.  She suffered a significant burn, but her manager had no burn cream to treat it with.  Instead, she was offered packets of mustard and mayonnaise to put on her burn.

Berry was later brought by ambulance to the hospital, where doctors diagnosed  her with nerve damage in her left forearm.

If you or a loved one have been burned due to someone else’s negligence, please call our Boston burn injury lawyers at 617-787-3700. Your needs are our top priority!

Posted in Boston Burn Injury Lawyer, Boston Fire Accident Lawyer, Boston Negligence Lawyer, Boston Worker's Compensation Lawyer | Leave a comment

Report Finds There is No Way To Guarantee Your Dog Will Not Bite Someone, But Multiple Steps May be Take to Reduce The Risk.

Dogs are commonly referred to as “man’s best friend”, as they are often a loved and important part of any family. Dogs are still fundamentally animals, and as animals, they still have primal instincts and animal responses, including occasionally violent ones.

Many states, such as Massachusetts, hold a dog’s owner strictly liable if they bite someone. This means if the victim sues the owner, all they have to prove in order to prevail in their case is that the defendant does, in fact, own the dog and that they were bit. So long as they did not provoke or antagonize the dog, they will be awarded monetary damages for their pain and suffering and medical bills.

In a recent question and answer session on wfmj.com, The Humane Society of the United States stated that you cannot be absolutely sure your dog will not bite someone, but you can significantly reduce the risk. One step that prevents dog bites and provides other health benefits is to spade or neuter your dog. This not only prevents any unexpected puppies, but reports also show that spayed or neutered dogs are three times less likely to bite another dog or person.

Most of the other measures discussed in the report are behavioral in nature. This means that it is important for an owner to socialize and train their dog. Dogs that have had repeated exposure to different people are less likely to be nervous or defensive when meeting strangers, which is commonly when dog bites occur.

Furthermore, it is important to train your dog as to what behaviors are acceptable and which ones are not. Dogs may often be excited or hyped up by games of tug of war and wrestling, which can sometimes transfer into hostility around other people. By all means have a playful dog, but it is important not to teach your dog to dominate or attack when playing, because that often translates into aggression.

Finally, the report strongly suggests that a dog’s owner err on the side of caution. If you are nervous your dog may respond to a stranger or guest with aggression, keep them in a separate room, or contact a professional dog trainer who may be able to modify the dog’s behavior.

Ultimately, a large part of the responsibility of owning a dog is being potentially responsible under the law for their actions. To reduce liability and avoid potential litigation, it is in a dog owner’s best interests to follow at least a few of these practices in order to limit the risk that their pet harms someone.

Posted in Boston Animal Attack Lawyer, Boston Dog Bite Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment