Parker | Scheer LLP Blog

It's Time Massachusetts Was Accountable for the Injuries and Deaths it Causes.

Under current Massachusetts law, when someone is injured or killed as a result of the negligence of an employee of a Massachusetts Town, City, or the State, the maximum the victim or the victim's family can recover as compensation for the injury or death is $100,000. That's before deductions for attorney’s fees and costs (usually amounting to about $33,000). This leaves the victim with roughly $66,000, whether the victim is left quadriplegic, blind, paralyzed, or dead. What brings this ridiculous law from the world of the absurd to the world of the insane is that the $100,000 cap applies even if the municipal employee is "grossly negligent" - generally defined as "reckless", or "with wanton disregard for the value of human life". Keep in mind, this law was created by Massachusetts lawmakers to protect the Commonwealth's treasury. It does not exist in New York or in most other civilized States. It has only one purpose: to save the State money no matter how horrific the act.

Every week, it seems, we read about another death or serious injury caused by the negligence of another Massachusetts City or State employee. Whether it's the death of a young child in a negligently maintained school yard, or the death of an innocent motorist in a defective State-owned tunnel, regardless of the extent of the negligence, the most the City or State will ever have to shell-out to the victim or the victim's family is $100,000. How can the "Bluest State in America" ( - Jon Keller) be so damn "Red"?

Massachusetts Product Liability: Dangerous and Defective Products

In Massachusetts, claims against a manufacturer relating to a defective product generally fall under one or two theories of liability: (1) Breach of Implied Warranty of Merchantability; and/or (2) Negligence. While the theory that a defendant is negligent, that is the defendant breached the duty owed to another when he failed to act reasonably either by his action or inaction resulting in injury, is familiar to most as it is the theory asserted in motor vehicle and premises cases, the concept of an implied warranty of merchantability may be less familiar.

Massachusetts Divorce: Removal Cases

We live in mobile society where it is common for a family to re-locate from one state to another, across the country, or even to a different country with ease. Moves become much more difficult and complex in a family that has experienced a divorce, or where the parents do not reside in the same household. When one parent seeks to remove the child from the Commonwealth of Massachusetts to another area of the United States or even to another country, and where the other parent does not agree with the move, the Probate and Family Courts of the Commonwealth must get involved. The parent seeking to move with the child must file a “removal action” with the appropriate division of the Probate and Family Court.

MBTA Sues CSX Over Canton Train Crash

The Massachusetts Bay Transportation Authority (MBTA) has sued CSX Transportation along with a lumber company in connection with the Canton Massachusetts commuter rail crash that occurred on March 26th, 2008. As many as 150 people were reportedly injured as a result of the collision. The suit alleges that CSX failed to set a hand brake or to lock a steel gate separating the lumber yard and the rail tracks. The suit further alleges that CSX failed to secure the car's wheels. While the litigation is clearly in its earliest stage, it would appear evident, based on the early filing of the suit, that the MBTA is in possession of substantial evidence of liability that would support a finding of liability against the named defendants. Those persons injured as a result of the crash should seek independent legal counsel to represent them in connection with their individual personal injury claims, which would not be covered by the MBTA's recent filing.

MASSACHUSETTS SHOULD OUTLAW PRE-SETTLEMENT CASE FINANCING IN PERSONAL INJURY CASES

A recent and dramatic push by specialized financing companies, eager to “advance” money – often on a “non-recourse” basis - to plaintiffs in personal injury cases, poses a serious to the Massachusetts civil trial system, and to the attorney–client relationship in personal injury cases.

Nursing Home Law: Private Equity Firms' Latest Acquisition...Nursing Homes?

On September 23, 2007, the New York Times ran a story entitled, More Profit and Less Nursing at Many Homes, which exposed a growing problem among the ownership and corporate structure of nursing homes in the United States.  In recent years, private equity firms - including Warburg Pincus and Carlyle Group - have acquired thousands of nursing homes.  While these investment firms would like you to believe they are saviors to these on-the-brink-of-closure nursing homes, many others, including resident advocacy groups are fearful for the health and welfare of the residents in these facilities.

Foreclosures: The Effect of Foreclosures on Condominium Owners

Over the past decade, many Boston neighborhoods have seen a dramatic increase in the number of properties that have been converted from multi-family rental properties to condominiums.  This trend is particularly strong in neighborhoods like the South End, South Boston and Charlestown, and also has spread to neighboring Cambridge, Somerville and Arlington, among other Greater Boston communities.  This has proven, at least until very recently, to be a very lucrative development option for owners and property developers, while at the same time continuing to provide a great source of available housing to buyers, particularly first-time buyers, who wish to live in or close to downtown Boston.

School Sexual Harasment: Fitzgerald v. Barnstable School Committee

My most recent entry discussed the responsibility of School Districts with respect to claims of student sexual harassment.  A recent decision released on October 5, 2007, by the 1^st Circuit Court of Appeals addressed this same issue.  See  Fitzgerald v. Barnstable School Committee.  The pertinent facts of the case begin on February 14, 2001 when Jacqueline Fitzgerald, a kindergarten student in Barnstable, Massachusetts told her parent that each time she wore a dress to school an older student on her bus would bully her into lifting her skirt.  Jacqueline's mother, Lisa Fitzgerald immediately contacted the school principal Frederick Scully to report her daughter's complaints.

Sexual Harassment: Sexual Harassment in School

I was online this morning and I came across an article reported in the Dallas Morning News titled "Ex-student sues McKinney High over alleged harassment by peers."   According to the article, a former student filed suit in Federal Court on Tuesday alleging the school violated Title IX when it failed to respond to the student's complaints of sexual harassment.  Title IX, requires that public schools provide all students with equal access to education.   This article although just published seems to have an all too familiar sound.

Divorce: Britney's Custody Battle: A Sign of Changing Times?

I often get asked by my male clients about their chances of getting physical custody of their kids.  Unfortunately, more often than not I am relegated to admitting that in most cases it's a difficult prospect.  The reality is that even the most involved of dads wind up with joint legal custody, but primary placement goes to mom.