The Massachusetts Bay Transportation Authority, or as it is informally known as the MBTA, had yet another incident last week involving two MBTA trolleys colliding on the Mattapan line in the City’s Dorchester neighborhood. The crash has been determined to be operator error and resulted in 17 people injured. Unfortunately, we seem to regularly see these types of accidents and incidents with the MBTA. The MBTA is a public corporation and a division of the Massachusetts Department of Transportation and is one of the oldest public transit systems in the United States. Consisting of the subway system, buses, trolleys, commuter [...]
“These are the times that try men’s souls,” Thomas Paine penned in his revolutionary pamphlet, The Crisis, in those early dark days of the American Revolution. Abraham Lincoln likewise warned against America becoming “a house divided against itself” in those dismal days leading up to the American Civil War. Just as in the late 1960’s, all you seem to be seeing and hearing from Washington these days are disputes between bitter political factions calling themselves Democrats and Republicans. Their conflicts are made even more alarming by the opposite poles of far reaching media outlets relentlessly whipping up fear, distress, and distrust [...]
SNAFU is an acronym of uncertain origin, but most commonly credited to United States military personnel in the 1940s, standing (euphemistically) for SITUATION NORMAL ALL FOULED UP. What may have begun as an expression of a soldier’s beleaguered acceptance of the frustrations of military life, also captures a recognition essential to safety planning, and, not coincidentally, to personal injury law: All fouled up is a normal state of affairs, so reasonable safety planning, and reasonable conduct as defined by negligence law, requires anticipation and avoidance of foreseeable dangerousness. Anyone who has driven in the Boston area has earned an understanding [...]
Laura J. Johnson “You have breast cancer.” I received the telephone call on October 27, 2015, two days after my 50th birthday, from a doctor who I'd never met. Thereafter, I had four surgeries to hopefully save my left breast (lumpectomy, re-excision with sentinel node removal, re-excision, re-excision). However, the margins (breast tissue samples) did not reflect healthy breast tissue. On March 28, 2016, I underwent the removal of my left breast tissue and nipple, with partial breast reconstruction (additional reconstruction surgery to be scheduled later this year). I attended 25 radiation treatments to my chest area and upper back. [...]
By Mark D. Horan You never met Jim. You would have loved him. Jim was born in Worcester in 1959; we are about the same age. In November, 1989, while at work, he fell backwards off of a scaffold from a height of twelve feet. Because his hands were behind him (attempting to remove his work belt filled with tools), he was unable to extend his arms before he hit the ground. He was paralyzed from the neck down upon impact. Prior to meeting Jim, I had never met a man who could not shake my hand, and I worried [...]
The "Fireman's Rule" in Massachusetts. Recent tragic losses of heroic firefighters remind us of the dedicated service of our first responders and our community’s need to not only to honor them, but to protect them and their families as well. It is a fight we have been fighting for decades. Believe it or not, most states deny these public servants and their families the right to obtain compensation from those who carelessly created the dangers to which they respond. This unjust edict, inaptly named the “Fireman’s Rule,” bars lawsuits by police officers, firefighters, and other professional rescuers (and their families) from [...]
Checks and Balances in America. For all those who have observed the events of the first days of the Trump Presidency with trepidation and despair, please remember that the framers of our Constitution were enlightened realists who instituted checks and balances to prevent the abuse of power and to protect the few from the many. The rule of law and an independent judiciary are the preeminent checks to bring a proper balance to power. Federalist Paper No 51. "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to [...]
Congratulations Michael Conley on your 8th consecutive year of selection by Superlawyers and your 3rd consecutive year in the 100 Best Lawyers in the Commonwealth!