Boston Injury Attorney Blog

Following the death of a Massachusetts worker who became caught in an industrial ice-making machine, a New Bedford, Massachusetts seafood processing plant faces $66,800 in fines. According to the Boston Globe, 42-year-old Joseph Teixeira was killed on May 4, 2009, when he got caught in the moving parts of the machine when it unexpectedly turned on while he was performing maintenance work.

The Federal Occupational Safety and Health Administration cited Northern Wind Inc. with nearly two dozen alleged violations of workplace safety standards. OSHA says the company lacked procedures to make sure the machine could not accidentally become active while employees were working inside.

According to OSHA records, plant inspections during 2000 and 2004 resulted in two "serious citations" for which Northern Wind. One citation related to a forklift and the other to an unguarded floor or wall opening. The Company has 15 days to appeal. Northern Wind is one of the world's largest suppliers of fresh and frozen scallops, according to the company's Web site. Scallops and other seafood, including ground fish and lobster, are processed there.

Workplace accidents are common in Massachusetts and an employee's recourse is governed by the Massachusetts Workers Compensation Statute. M.G.L. c. 151B. However, a worker may have a claim against an independent third party, not his employer, if they are negligent in causing his or her injuries.

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In Massachusetts, unless a player's behavior rises to the level of a reckless disregard of safety, aggressive acts during competition are considered a part of the sport. This past week, soccer enthusiasts around Boston watched women collegiate female athletes throwing elbows, colliding with players and yanking ponytails of opponents who went crashing to the ground.

Brawls began in the heat of competition on soccer fields from Rhode Island to New Mexico. University of New Mexico's Elizabeth Lambert, is now suspended indefinitely for her actions. Liz's coach, Kit Vela, was quoted as saying she is a quality student-athlete, but in this instance her actions clearly crossed the line of fair play and good sportsmanship. The Providence game was halted with a minute left on the clock.

Is there legal recourse if overly aggressive behavior results in personal injury in Massachusetts? When players engage in sport, they agree to undergo some physical contacts, which could amount to assault and battery absent the players' consent. Restatement (Second) of Torts § 50 comment b (1965). Traditionally, the courts have felt that to impose liability on sports participants would chill the vigor of athletic competition. However, it is recognized that some restraints of civilization must accompany athletes on to the playing field. Nabozny v. Barnhill, 31 Ill.App.3d 212, 215, 334 NE2d 258 (1975)

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Over the weekend, a 35-year-old man died after he was hit by a car in Massachusetts while crossing Route 145 in Revere, Massachusetts. According to Fox News, Jose Funez, was crossing the road near Winthrop Street at about 7:40 p.m. when he was hit by 29-year-old Jonathan Spano, from Winthrop, who was driving a 2006 Chevrolet Cobalt.

Funez was taken to Massachusetts General Hospital where he was pronounced dead. Witnesses say the dark conditions, color of the car and weather likely contributed to the horrific accident. Police say the incident does not appear to be criminal and no charges will likely be filed in the crash.

Pedestrians are struck crossing roads every day in Massachusetts and one can never be too careful. In Massachusetts, cars are to yield to the right of way of pedestrians. See, M.G.L. c. 89, Section 11.

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Boston is home to many universities and luckily there were no injuries in a fire at MIT in Cambridge, Massachusetts early Wednesday morning. The fire was caused by construction workers using propane torches in a utility trench.

The fire that forced the brief evacuation of at least three MIT fraternities on Memorial Drive in Cambridge.

Cambridge Deputy Fire Chief Paul Sheehan said the workers were using the torches to melt shrink wrap on pipes when the flames spread to wooden bracing in the trench, igniting it. He said the utility work did not involve a natural gas pipeline. Sheehan said the fire was quickly extinguished.

In a statement, MIT said that the fire broke out around 8:15 a.m. and was under control before 9 a.m. Students were allowed back into their housing before 10 a.m. Several students said they were ordered out of their rooms by the police and as they left, they saw flames shooting out of the site on Amherst street. According to the Boston Globe, a photo of the fire posted on Twitter shows thick black smoke and flames.

Police spokeswoman Alexa Manocchio said the fire started in a below-ground chamber that's under construction on Amherst Street. The fire erupted near 405 Memorial Drive, which is the home of the Alpha Tau Omega fraternity There were no injuries and no one was trapped," Manocchio said. The incident has backed up traffic on the Massachusetts Avenue bridge headed into Cambridge to Commonwealth Avenue in Boston. Memorial Drive is also blocked at Massachusetts Avenue.

MIT said the incident is under investigation by its own safety office and the Cambridge fire department.

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Another Massachusetts meat recall, this time for meat distributed from Fairbank Farms, of New York, and sold at Trader Joe's, Wild Harvest, Shaw's and BJ's, among other local companies, packaged Sept. 15-16 and may have been labeled with a sell-by date from Sept. 19 through Sept. 28, meaning they're no longer being sold as fresh product in supermarkets, Fairbank Farms said.

Two deaths and 26 other illnesses may be linked to fresh ground beef that has been recalled because it might be contaminated with E. coli bacteria, a federal health official said Monday.

According to the Centers for Disease Control and prevention, one of the deaths involved a New York adult with several underlying health conditions. The other is a death previously reported by New Hampshire, where state health officials said a patient died due to complications.

Symptoms of E. coli infections include stomach cramps that may be severe and diarrhea that may turn bloody within one to three days. E. coli infections can sometimes lead to complications including kidney failure. Symptoms usually show up three to four days after a person eats contaminated food, although in some cases it can be as long as eight days. Officials said anyone having symptoms should immediately contact a doctor.

According to Karen P. Nadeau, Esquire: "While Bellotti Law Group does not see many food poisoning cases, instances of food poisoning from E coli bacteria can be very dangerous, and should be taken very seriously. Anyone who is experiencing these symptoms should seek medical assistance."

Recently, Kunal Motwane, 25, died after crashing into an unoccupied Weston, Massachusetts toll booth after being chased by police. In November of 2008, Jesus Munoz, 23, of Webster, Massachusetts was killed when his car went off the road and struck concrete barriers ahead of the Allston-Brighton Massachusetts tolls. In March 2007, a Fung Wah bus full of passengers became wedged atop a concrete barrier at the Weston, Massachusetts toll booths during the morning commute, after the driver realized he was in the wrong lane and tried to reverse course.

According to the Boston Herald, last weeks' chain-reaction crash that left beef strewn across the Massachusetts Turnpike, may signal that the state needs to replace its antiquated toll-taking system. Two tractor-trailers collided as they approached the Weston toll plaza, striking a Toyota whose passenger was paying a toll, and a third truck also was struck. Apparently, the accident is typical of collisions caused when drivers quickly switch toll lanes or abruptly reverse and try and dart into another lane, said Mary Connaughton, a Turnpike board member.

While toll booths are a hazard, two years ago, the Pike passed on a system that would replace tolls by capturing transponder information from a suspended bar. The reason, she said, was the cost was "prohibitive." According to Colin Durrant, a MassHighway spokesman, it was too early to say the toll plaza configuration was to blame for last week's crash.

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