Firm News
Attorney David White Discusses Massachusetts Dog Bite Law Following Mansfield Dog Attack
The law is “very cut and dry,” when it comes to liability for Massachusetts dog bite cases, attorney David White told Fox-TV Boston recently.
White, a partner at Breakstone, White & Gluck of Boston, spoke on the network’s morning program about Milo, the Mansfield dog which attacked and seriously injured a 6-year-old boy on Jan. 3. The boy suffered severe facial lacerations and required more than 400 stitches. Last week, the Mansfield Board of Selectmen held a hearing and voted 3-2 to euthanize the dog. The dog’s owners said they planned to appeal the vote in District Court and were allowed to take Milo home after the hearing. Then, the dog attacked again, this time over the weekend on West Street in Mansfield, and ended up being euthanized before any appeal. In the second attack, the dog bit a 16-year-old teenager, who was sent to Hasbro Children’s Hospital to be treated for injuries. See news coverage.
In the TV interview, White explained the process in Massachusetts for protecting communities from dangerous dogs. When someone is injured after a dog bite, the incident is reported to a local animal control officer, police or the Board of Selectmen. The board holds a hearing to determine if the dog is dangerous. It then votes on appropriate action, which may include muzzling the dog, restraining it, ordering it to leave town or other steps.The dog owner is allowed to appeal in the District Court.
When someone is injured by a dog in Massachusetts, they can also file a lawsuit in civil court to recover damages under M.G.L. c. 140, Sec. 155.
White said the law holds dog owners strictly liable for dog attacks, only providing a few exceptions. They include if an injured person is tormenting a dog or trespassing on another person’s property. Some states have a “one bite” or “first bite” rule, but not Massachusetts.
“The law is very cut and dry,” White told Fox. “And furthermore if there is an injury to a child under the age of 7, there is a presumption the child was not teasing or tormenting the dog.”
When someone is injured, they are not required to prove the dog has injured before or that the dog is vicious.
White advised dog owners to make sure they have coverage for dog bites and attacks on their homeowner’s insurance policies. If your insurer does not provide coverage, he says find another provider who does.
Approximately 4.5 million people are bitten by dogs each year in the United States, according to the U.S. Centers for Disease Control and Prevention.
Children are the most frequent victims, with those ages five to nine accounting for the largest numbers of injuries.
Breakstone, White & Gluck Honored as Super Lawyers for Ninth Year
Breakstone, White & Gluck announces its lawyers have been recognized as 2012 Super Lawyers. It is the ninth consecutive year the firm’s lawyers have been honored.
Attorney Marc L. Breakstone
Attorney Breakstone has been recognized as one of the Top 100 New England Super Lawyers 2012, one of the Top 100 Massachusetts Super Lawyers 2012 and a Massachusetts Super Lawyer in the category of Personal Injury Plaintiff: Medical Malpractice. This is the third time attorney Breakstone has been named a Top 100 New England Super Lawyer, his sixth year as a Top 100 Massachusetts Super Lawyer and his ninth as a Massachusetts Super Lawyer. Breakstone also holds an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
Attorney Breakstone is a graduate of Northeastern University School of Law and specializes in personal injury and medical malpractice cases. Click here to read his bio.
Attorney David W. White
Attorney David W. White has been recognized as a 2012 Massachusetts Super Lawyer, Personal Injury Plaintiff: General. It is his ninth consecutive year on the list. Attorney White has also been named to the Top 100 Massachusetts Super Lawyers list four times and to the Top 100 New England Super Lawyers list twice. White also holds an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
He is a graduate of Northeastern University School of Law and specializes in personal injury, medical malpractice and bicycle accident cases. Click here to read his bio.
Attorney Ronald E. Gluck
Attorney Ronald E. Gluck has been named a 2012 Massachusetts Super Lawyer, Personal Injury Plaintiff: General. He was selected to the list for the eighth consecutive year. He was also selected to the list of New England Super Lawyers for the sixth year in a row. Attorney Gluck specializes in catastrophic personal injury cases involving car accidents, construction accidents and medical device and pharmaceutical product liability. Gluck has an AV rating with Martindale Hubbell (the highest professional and ethical ranking) and has consistently maintained a “Superb”10.0 rating on AVVO.
He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.
About Super Lawyers
The Super Lawyers list recognizes the top 5 percent of lawyers in the state. Super Lawyers selects attorneys using a rigorous, multiphase process that includes peer nominations and evaluations and independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The object is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers to find the best lawyer for their case.
The New England Super Lawyers list is published each fall as a print supplement to Boston Magazine.
Read More
Propane Explosion Victim’s Family Settles for $7.5 Million in Norfolk Case
Attorney Marc L. Breakstone of Breakstone, White & Gluck in Boston has announced a $7.5 million settlement has been reached for an electrician killed in a propane gas explosion at a Norfolk, Massachusetts condominium complex.
Breakstone and the family of William “Billy” Nichols announced the settlement on July 9, nearly two years after Nichols died in the July 30, 2010 propane explosion. Breakstone represented the Nichols family and filed a wrongful death lawsuit on their behalf against EnergyUSA Propane and Smolinsky Brothers Heating and Plumbing.
The wrongful death lawsuit alleged EnergyUSA negligently underfilled a new propane tank at the complex where Nichols had been working. By underfilling the tank, the company caused the chemical odorant to fade, making propane undetectable when it started to leak.
The wrongful death lawsuit alleged Smolinsky Brothers Heating and Plumbing carelessly failed to tighten a connection to the furnace which led to the leak of the undetectable propane gas.
Breakstone called the propane explosion a “terrible tragedy that could easily have been avoided.” Nichols, 46, of Blackstone, was buried under burning debris for 97 minutes before he was rescued by local firefighters. He was crushed by smoldering debris, had severe burns over 80 percent of his body and called on rescuers to say goodbye to his fiance and other family members. He was transported by MedFlight helicopter to Brigham and Women’s Hospital in Boston, where he died that evening from the burns and injuries.
During litigation, Breakstone said he discovered EnergyUSA Propane sold its assets to a publicly-traded energy company for $66.8 million to avoid the likelihood of paying punitive damages in a jury trial. Breakstone obtained a court-order freeze on the remaining company cash assets.
As a result of Nichols’ death, Massachusetts is expected to introduce new regulations this fall which will ensure better safety training for propane delivery personnel as well as require newly installed propane storage tanks be filled to the maximum liquid level to avoid the odorant fade problem that caused this propane explosion.
Click for coverage in The Boston Globe, WBZ-TV, WCVB and Wicked Local.
Click here to read the July 9, 2012 media release.
Click here to read the statement from Norfolk Fire Chief Coleman C. Bushnell.
Read More
Breakstone, White & Gluck Recognized on Boston’s Top Rated Lawyers List
Breakstone, White & Gluck announces its lawyers have been recognized in the 2012 edition of Boston’s Top Rated Lawyers. The list was created by LexisNexis Martindale-Hubbell, which tapped its database of Martindale-Hubbell Peer Review Ratings to identify lawyers who have been given its highest rating of AV Preeminent. This rating is based on the confidential opinions of lawyers and members of the judiciary who have been invited to participate.
Attorney Marc L. Breakstone has been named to the General Practice list of top Boston lawyers. Attorney Breakstone has been recognized numerous times throughout his legal career. He has been named to the list of Top 100 New England Super Lawyers twice and to the list of Top 100 Massachusetts Super Lawyers five times. Attorney Breakstone has been named to the Massachusetts Super Lawyer list seven years in a row. He is a graduate of Northeastern University School of Law and specializes in personal injury, construction accident and medical malpractice cases. Click here to read his bio.
Attorney David W. White has been named to the Personal Injury list of top Boston lawyers. Attorney White has received numerous honors throughout his career. He has been named to the list of Massachusetts Super Lawyers eight times. He was twice selected to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a past president of the Massachusetts Bar Association and recipient of the Massachusetts Association of Criminal Defense Lawyers’ President’s Award in 2008. A graduate of Northeastern University School of Law, attorney White specializes in personal injury, medical malpractice and bike accident cases. Click here to read his bio.
Attorney Ronald E. Gluck has been named to the Civil Litigation list of top Boston lawyers. Attorney Gluck has been recognized numerous times during his professional career. He has been named to the list of Massachusetts Super Lawyers seven consecutive years. He has also been chosen for the list of New England Super Lawyers five times. Attorney Gluck specializes in catastrophic personal injury cases stemming from car accidents, construction accidents, public transportation disasters and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.
Click here to view this year’s list of Boston’s Top Rated Lawyers.
Read More
Breakstone, White & Gluck Honored as 2011 Super Lawyers
Breakstone, White & Gluck announces its lawyers have been recognized as 2011 Super Lawyers by Boston Magazine. It is the eighth consecutive year the firm’s lawyers have been honored.
Attorney Marc L. Breakstone has been selected as one of the Top 100 New England Super Lawyers for 2011 and one of the Top 100 Massachusetts Super Lawyers for 2011. This is the second time Attorney Breakstone has been selected as one of the Top 100 New England Super Lawyers and the fifth time he has been selected one of the Top 100 Massachusetts Super Lawyers. In addition, Attorney Breakstone has been named a 2011 Massachusetts Super Lawyer for the seventh year in a row. Attorney Breakstone is a graduate of Northeastern University School of Law and specializes in personal injury and medical malpractice cases. Click here to read his bio.
Attorney Ronald E. Gluck has been named a 2011 Massachusetts Super Lawyer. He was selected to the list for the seventh consecutive year. He was also selected to the list of New England Super Lawyers for the fifth year in a row. Attorney Gluck specializes in catastrophic personal injury cases stemming from automobile accidents, public transportation disasters, construction accidents and medical device and pharmaceutical product liability. He is a graduate of the Case Western Reserve University School of Law. Click here to read his bio.
Attorney David W. White has been named a 2011 Massachusetts Super Lawyer. He has been selected for the list each year since 2004. He has also been selected twice to the list of Top 100 New England Super Lawyers and four times to the list of Top 100 Massachusetts Super Lawyers. Attorney White is a graduate of Northeastern University School of Law and specializes in personal injury, medical malpractice and bicycle accident cases. Click here to read his bio.
About Breakstone, White & Gluck, PC
Breakstone, White & Gluck, PC, is a Boston law firm which represents injured plaintiffs in personal injury and medical malpractice cases. The firm has established a reputation as one of the top Massachusetts personal injury law firms. Notable cases include the case against a surgeon who left a patient on the operating table to cash a check, and several multi-million dollar cases arising from medical malpractice, EMT malpractice and motor vehicle accidents.
About Super Lawyers
Super Lawyers selects attorneys using a rigorous, multiphase process that includes peer nominations and evaluations and independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The object is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for counsel.
Read More
Attorney David White Discusses Snow and Ice Law on Legal Talk Network
With near record levels of snowfall across Massachusetts this winter, the state has seen many car accidents, over 100 roof collapses and many school closures. These challenges follow Papadopoulos v. Target Corp., the 2010 Massachusetts court ruling which raised the legal burden on Massachusetts property owners to clear snow and ice.
With the ruling, Massachusetts property owners must take reasonable care to remove all snow and ice from their property or be found liable for resulting injuries from snow and ice falls. Previously, property owners were not liable for injuries resulting from natural accumulations. While a new law often faces challenges in the first few months, this extreme winter has added many unexpected turns.
Attorney David W. White of Breakstone, White & Gluck and Attorney James T. Scamby of Tucker, Heifetz & Saltzman joined Legal Talk Network and co-host Bob Ambrogi this week to discuss what the new law means in this extreme winter.
Click here to hear the podcast.
Click here to learn more about the show and news stories about Massachusetts’ snow and ice law.
Read More
Massachusetts Personal Injury Lawyer David White on Money Matters Radio Network
David White, a principal at the Boston personal injury law firm of Breakstone, White & Gluck, recently appeared on Money Matters Radio for their mid-day show. Here is the audio from the presentation.
David talks about what car insurance you should have to protect yourself, and others, in the event of a car accident; about medical malpractice; and about insurance bad faith in Massachusetts.
To download the broadcast, click here.
Many thanks to our good friends at Money Matters Radio and host Chris Findlen.
Breakstone, White & Gluck Earn Recognition as New England and Massachusetts Super Lawyers for Personal Injury and Medical Malpractice
For the fifth year in a row, all of the lawyers in our Boston law firm have earned top rankings as Super Lawyers in New England. The rankings of the best attorneys in the region were posted in the New England edition of Super Lawyers 2009, published by Boston Magazine.
Marc L. Breakstone earned recognition as one of New England’s top 100 lawyers, and again as a Super Lawyer in representing plaintiffs in medical malpractice cases.
Ronald E. Gluck was again recognized as a Super Lawyer for his achievement as one of New England’s top plaintiff’s personal injury lawyers.
David W. White again achieved recognition as one of New England’s top 100 lawyers, and again as a top plaintiff’s personal injury lawyer.
The top lawyers in New England earn these recognitions as a result of an extensive polling process among their peers, as well as a check on ethical standing, and other factors.
To learn more about the types of cases we handle, including medical malpractice, wrongful death, and other personal injury cases, please visit our website.
Support for Drug Policy Reform Offered at Massachusetts State House
Breakstone, White & Gluck partner David White testified at the Massachusetts State House on June 10, 2009 in support of changing Massachusetts laws to provide more treatment to non-violent drug offenders. White spoke in support of House Bill 1962, sponsored by Martin Walsh of Dorchester. Walsh’s bill would offer diversion to drug addicted individuals who had been arrested for non-violent crimes. The programs which would be expanded would allow more individuals to obtain treatment instead of incarceration.
White was the president of the Massachusetts Bar Association from 2007 to 2008, and formed the MBA Drug Policy Task Force. The Task Force is making recommendations for reforming drug treatment and sentencing policies. Policy changes would save the taxpayers money, reduce the rate of crime, and help rebuild families and communities.
Lobbying for Support for the Massachusetts Legal Assistance Corporation
As the budget crisis forces deep cuts in state spending, and as economic pressures are driving more and more people from their jobs and their homes, the need could never be greater for a fully funded Massachusetts Legal Assistance Corporation (MLAC). That point was strongly made when over 800 lawyers from around Massachusetts filled the State House to lobby their state representatives and senators during the annual Walk to the Hill for Civil Legal Aid.
The message was a simple one: Keep the funding for MLAC the same as last year, a total of $11,070.424. The budget allocation funds programs for general legal support, battered women’s legal assistance, disability benefits advocacy, and Medicare advocacy. 
These investments more than pay for themselves. The programs help unlock Federal funding for individuals entitled to disability and Medicare benefits. They help battered women when they are facing their deepest crises. And they help people with the full range of everyday problems, the greatest of which is staying in their apartments or house when they are facing improper eviction or foreclosure.
In a word, the programs work. They are the proverbial “ounce of prevention” which save many millions more if people are unable to get medical care, benefits, or proper housing.
Level funding for MLAC is a reasonable request, even in this year of fiscal restraint. Other programs which support MLAC, such as the Interest on Lawyers’ Trust Accounts (IOLTA) are providing less funding, due to the fact that interest rates are so low. Even with just level funding, MLAC will be forced to cut back some programs.
The lawyers at Breakstone, White and Gluck strongly support the funding of MLAC. Present during the Walk to the Hill were attorneys Marc Breakstone and David White (pictured above), who paid visits to their state senators and representatives, all of whom pledged their support for civil legal aid.
What You Can Do: Keep an eye on the budget this year. The Governor’s budget proposal is due out this week. Contact your state senator and state representative and ask him or her to support level funding for Massachusetts Legal Assistance Corporation in Fiscal Year 2010.
For more information, complete the contact form on the right, or contact the organizations below.
More Information
Massachusetts Legal Assistance Corporation, 617-367-8544
Equal Justice Coalition, 617-391-5633