Assault

Most personal injury cases are filed under a theory of negligence. This means that plaintiff is alleging defendant owed a duty of care to plaintiff, breached this duty of care, the breach was the actual and proximate cause of plaintiff’s injuries, and damages resulted. These are the four elements of a negligence cause of action in the Commonwealth of Massachusetts.

The duty of care can be owed to plaintiff as a matter law, due to a contract, or as a result of the defendant placing plaintiff in harm’s way. An example of a legally imposed duty involves a motorist. Anyone who gets a driver’s license owes a duty to act as a reasonable and prudent person to prevent foreseeable to harm to foreseeable persons and property while behind the wheel of a car. Continue reading

According to a recent article in the Boston Globe, a woman who lived in Chinatown was walking near her home on a Wednesday morning when another woman allegedly bumped into her. This woman, prosecutors say, has a criminal record consisting of charges for violent and erratic behavior.

The woman with whom victim made contact allegedly said she was responded to victim bumping into her by shoving her to ground. When victim hit the ground, her head slammed against the pavement. Prosecutors say alleged assailant kept moving but told prosecutors she heard people asking if victim was OK. First responders treated victim following the accident, and they took her to Tufts Medical Center, which is a level-one trauma center located in the Chinatown neighborhood of Boston. Doctors diagnosed her with a fractured skull and a brain hemorrhage. They took her into emergency surgery to control the bleeding in her brain, but her injuries were too substantial, and she soon died. Continue reading

Articles Tagged with Assault

Student Burned at Lowell High School

Boston Chinatown “Shoving Encounter” Ends in Death