Articles Posted in Massachusetts

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

sports%20basketball%20court%20graphic%20full%20court.jpgIs coaching youth sports dangerous? This seems like a silly question but the fact of the matter is that coaching youth sports can be dangerous. Even in youth sports, tempers flare, fights take place, and, yes, at times, coaches are attacked by parents. It is unfortunate that parents and coaches alike often times lose touch with what the focus should be in youth sports. Winning and competing are important concepts especially as the teams advance in age and skill. However, whatever the age, there should be consideration of the child’s self esteem. Furthermore, parents should keep in mind that parents are role models for the children. It is not just the coach that children look up to. Parents should do their best to set a good example for their children before, during, and after the game. A game or match is a time to compete. Each play and minute of play are also excellent opportunties to learn life lessons.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20close%20up%20of%20top%20front%20of%20bus.jpgIn Massachusetts and other States, there is a problem and danger to children enrolled in day care centers. The problem lies with the simple but potentially deadly mistake of leaving a child in a hot vehicle. When a child is left unattended in a vehicle without air conditioning or other proper ventilation, the temperature in the vehicle can reach heights that affect the health and well being of a child. Even the passage of a few minutes can result in serious personal injuries and, in some instances, the death of a child. Often times, action is only taken after the tragic death of a child left unattended in a school or day care center vehicle to change or strengthen laws and regulations. A simple checklist and due diligence by the staff of a school or day care center can and does prevent tragic personal injuries and deaths from taking place. See Massachusetts Panel Considering Measures to Prevent Day Care Center Tragedies from Taking Place in the Future.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgIn Massachusetts and other States, children are at risk for personal injuries due to dangerous intersections, crosswalks, and bus stop areas. The State of Massachusetts identified dangerous intersections and spots where serious personal injuries have been reported. Statistics, while useful, will do nothing to protect the next child from being a victim of an accident at or near an intersection, crosswalk, bus stop, or school. Here are some tips that parents and other child care providers can follow or keep in mind:

Published on:

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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An 11-year-old boy of Salisbury, Massachusetts has been charged with assault and battery under the state’s anti-bullying law. According to authorities, the boy hit a smaller student with a backpack and slapped him, leaving a hand impression, while on a school bus. The boy has been indefinitely suspended from all bus privileges. The state’s anti-bullying laws encourage students to come forward with incidences of bullying. With the anti-bullying laws children feel something will actually get done and they will be taken seriously if they do come forward. Under the law, schools must have plans in effect regarding how to hand incidences of bullying and all incidents must be reported to local law enforcement. The 11-year-old boy who was charged reportedly has a history of bullying. After the most recent incident on the school bus, Salisbury police school resource officer Mike Adler began to assist in the investigation. Using the state’s anti-bullying laws against student bullies shows victims they will be taken seriously and will be safe at school in the future. For more read Massachusetts uses anti-bullying laws to charge 11-year-old boy after incident on school bus.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgA 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother’s boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy’s body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as “heinous.” 33-year-old Sandra Augusto, the child’s mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 4-year-old New Bedford boy sustains “heinous” beating, mother and boyfriend arrested.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Gavel%20and%20Scales%20of%20Justice.jpgA former Massachusetts teacher who ran off with a 15-year-old male student back in 2009 has been sentenced. Judge Cornelius Moriarty sentenced 25-year-old, former elementary school teacher, Lisa Lavoie, to 5 years probation. Lavoie was charged in 2009 after she and a 15-year-old boy ran off together. The pair were found together a week later in a motel in Morgantown, West Virginia. Lavoie pleaded guilty to 3 counts of statutory rape and once count of enticement of a child under 16 years of age. State prosecutors asked for 3-5 years imprisonment, a sentence consistent with statutory guidelines. However, Lavoie was spared jail time because Judge Moriarty believed she will not reoffend given the particular circumstances of this case. Moriarty does not believe this relationship was sought out for sexual gratification, unlike most adult-child sexual relation cases. As part of her probation, Lavoie was ordered to not have any contact with the boy or his immediate family. Prosecutors also asked Moriarty to order Lavoie to not have any unsupervised contact with children under the age of 16. However, Moriarty, believing Lavoie to not be a sexual predator, denied the state’s request. Lavoie was also ordered to complete an alcoholic rehabilitation program. Lavoie’s attorney, says she accepts responsibility for her actions and in no way excuses what she did. For more please see Former Massachusetts teacher sentenced for 5 years probations after pleading guilty to statutory rape charges.

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By By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgIn Lynn, Massachusetts, a personal injury lawsuit was filed against the owner and operators of a home-day care provider after their son fell from the home’s second story porch and crash head first in the cement. John Yasi, attorney for the Lynn family, said the young boy, Kelvin Sholola, sustained severe personal injuries including a brain injury and fractured bone in his forehead. Yasi also stated that Kelvin may suffer lifelong developmental issues because of the incident due to Kelvin’s age and the location of his personal injuries. The lawsuit against the Massachusetts day care operator, Lucilia Guerrero, who was licensed to operate the facility, left Kelvin, who was 21-months-old at the time, and his two other siblings unattended. Being left unattended, Kelvin fell from the second-floor porch of the home because of “rotted wooden slats and insufficient protective barricading.” The kids were apparently prohibited from being on the porch by the home’s state license. Therefore, the family is not only alleging the children were improperly on the porch, but also that they were unsupervised by Guerrero. Kelvin was “comatose for several days” after the incident. However, he is presently out of the hospital although his speech, amongst other things, have appeared to slow down in development. Guerrero eventually surrendered her license after the incident. For more on this story see Family files lawsuit after 2-year-old boy falls from porch of his home day care facility.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

cards.jpgA Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see Couple leaves children unattended in vehicle while gambling inside a casino.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20Massachusetts.jpgIn East Bridgeater, Massachusetts, homeowners are assessing the damages after a party left their home and possessions in partial ruin after a teenage party went bad and violent. While the homeowners were out of town, the homeowners’ 18 year old son was encouraged to have a party. Once word of the party spread through Facebook, the party swelled in numbers and destruction. Doors were kicked in, furniture was ruined, and people (for whatever reason) urinated in all parts of the house. A police investigation ensued and arrests were made.

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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Sports.jpgUnfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.