Firm News
Breakstone, White & Gluck Participates in Framingham Earth Day, Donates 150 Bicycle Helmets to Children
Our attorneys partnered with the Framingham Bicycle and Pedestrian Advisory Committee to bring helmets to the community.
Photo from left to right: Officer Garret Coffin, Det. David Loureiro, attorney David White of Breakstone, White & Gluck, and Ed Kross, member of the Framingham Bicycle and Pedestrian Advisory Committee
Crowds packed the Framingham High School gym for the fourth annual Framingham Earth Day Festival on Saturday. There were 70 vendors offering products and services related to promoting an environmentally-friendly lifestyle. Breakstone, White & Gluck participated by donating 150 bike helmets to help children ride safely.
Breakstone, White & Gluck worked with the Framingham Bicycle and Pedestrian Advisory Committee to coordinate the donation. Attorney David White participated in the event, along with Bill Hanson, chair of the advisory committee and committee members Ed Kross, Stacy Lee and Ben Gustafson. Police Officer Garret Coffin and Detective David Loureiro of the Framingham Police Department also helped distribute the helmets.
Breakstone, White & Gluck, a Boston personal injury law firm, is donating bike helmets to children through a number of cycling organizations this year. This is the second year we have made these donations. Our goal is to provide local children access to bike helmets which properly fit to reduce the risk of head injuries.
Of all cyclists, children are most at risk for injury. According to the Centers for Disease Control and Prevention, each year, children ages 5-14 and young adults ages 15-24 have the highest rates of non-fatal bicycle related injuries. They account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
We offer several cycling safety resources on our website. Visit www.bwglaw.com/project-kidsafe/ for information on a cyclist’s rights and responsibilities under Massachusetts law.
We have also written an article about how cyclists can protect themselves by purchasing extra coverage on their car insurance policy.
Boston Bikes’ Roll It Forward Program Kicks Off A New Season of Helping Children Ride Safely
The Boston Bikes’ Roll It Forward program has kicked off another season of important and fun work. On Tuesday, Roll It Forward gave away 59 refurbished bikes to children ages 5-7 who needed one. The donation was part of “Bike Day” at the West Broadway housing development in South Boston and is one of many Boston Bikes will organize this year.
Children at the housing development were asked in advance if they wanted to receive a bike. On Tuesday, they waited in line, got to choose a new bike helmet, and then were presented with a bicycle refurbished just for them. They also got to meet Boston Mayor Martin Walsh, who helped hand out bikes and played basketball with the kids.
From there, the children got to practice on an obstacle course with help from volunteers, as their parents, grandparents and friends cheered them along. There was plenty of activity for other cyclists too. Boston Bikes was selling $5 subsidized memberships for the Hubway bike share program and provided free safety inspections for 31 cyclists. Another 10 residents used the event to give back, by donating their own bikes to help Roll It Forward.
Photo: Attorney David White shown volunteering for the Boston Bikes’ Roll It Forward event on April 22, 2014. He helped children select bike helmets and made sure they properly fit.
Breakstone, White & Gluck is in its second year of supporting Boston Bikes’ Roll It Forward. This year, we are donating bike helmets for children, along with bike locks and bike lights. Cyclists are required to use bike lights if they cycle at night (defined under the law as thirty minutes after sunset until thirty minutes before sunrise).
“We are so happy to support Boston Bikes,” attorney David White said. “The program does an amazing job gathering, fixing, and giving away the bicycles. The kids know this is a special event and they really pay attention, including to when we explain the importance of always wearing a bike helmet to help prevent head injury.”
Photo: Boston Mayor Martin J. Walsh with Nicole Freedman, Director of Boston Bikes, Jenny Duquette, community programs manager, and Boston Bikes staff and volunteers, including attorney David White. April 22, 2014.
About Breakstone, White & Gluck
Breakstone, White & Gluck, a Boston personal injury law firm, is pleased to partner with Boston Bikes. Our attorneys encourage all cyclists to wear bike helmets to reduce the risk of serious head injuries while riding. According to the Centers for Disease Control and Prevention, bicyclists face a higher risk of crash-related injuries than drivers and occupants of motor vehicles. Children ages 5-14 and young adults ages 15-24 account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
In 2013, we were proud to donate over 1,000 bike helmets to children in the Boston area. We are donating even more helmets this year. To learn more about our bicycle safety outreach, visit www.bwglaw.com/project-kidsafe/. We also invite you to follow our Facebook page.
Amazing Kids Learn Important Cycling Skills at iCan Shine Camp in Arlington
This blog is about a special bicycle camp that is being held in Arlington this week. Breakstone, White & Gluck was happy to donate bike helmets to support the iCan Shine Bike Camp, which fills a very important need and teaches children with disabilities how to ride bicycles. Please read about the camp, its organizer Nina Fischer and all the energetic and skilled instructors and volunteers.
This April school vacation was not a traditional break for two dozen children in Arlington. These children with disabilities spent their time off hard at work, learning how to ride bicycles at the iCan Shine Bike Camp at the Ottoson Middle School.
Children with disabilities do not have as many options for learning to ride and it is especially important in communities near Boston where cycling is so popular, said Nina Fischer, the camp’s organizer. Fischer tried to get her daughter who has cerebral palsy into bike camps for three years (including one as far away as New Jersey) before being approached to organize an iCan Shine Bike Camp locally. iCan Shine is a national non-profit organization which teaches children with disabilities how to ride bicycles. Each year, it hosts nearly 100 camps in 32 states.
Fischer said the children come ready to learn from professional instructors from the iCan Shine national organization. Add in supportive parents and volunteers who agree to guide the children on bikes five days in a row, and the combination all proves very successful.
“This is a skill they have for life,” Fischer said. “Most of these kids don’t have to come back.”
Breakstone, White & Gluck donated the bike helmets for the camp and attorney Marc Breakstone attended and got to meet the young cyclists. He said, “We are so pleased to give helmets to these courageous kids to help make sure that they ride safely.”
Fischer organized the first Arlington camp last year and her daughter participated. But this year, her daughter decided she had learned enough not to come back.
“That’s what is great,” Fischer said. “Once you have it, you pretty much have it down.”
But she added, “I’m totally hooked. I can’t imagine not doing it. Someone has to do it.”
According to the national organization’s website, about 80 percent of the children can successfully ride bikes independently by the end of the five-day camp. Nationwide, about 35 percent of the participants have Down Syndrome, 35 percent are on the Autism Spectrum and the rest have other diagnosis, Fischer said.
We attended on Tandem Tuesday, when the national instructors gave each child a turn riding on the front of the tandem bike. An instructor sat on the back seat to assess the child’s steering ability and strength.
We also got to see the children make their way around the school gym with the specialized adaptive rear wheel equipment. These wheels are developed from research by Dr. Richard Klein at the University of Illinois. They are now made by his company Rainbow Trainers, Inc.
To help the children learn cycling, over the course of a few hours, the iCan Shine instructors change the strength of the bicycle rear tires up to 8 or 10 times. The children are not supposed to know about the change and are encouraged to get a cup of water or take a short break while the change happens.
While using these special rear wheels, children are riding bikes provided by the national iCan Shine organization. These bikes have no brakes. The children rely solely on their own steering and the volunteers to guide them.
By mid-week, the children progress to two-wheel bikes with brakes. Later in the week, the instructors will start to work with Belmont Wheelworks and the children’s parents on ordering bikes which will best suit each child. They then take the bikes to the gym to practice with the iCan Shine instructors.
“Sometimes that transition is difficult, rocky,” said Andrea Patrick, floor supervisor for the national iCan Shine program. “That’s why we try to do it at camp, where they have learned the skills and it is a safe environment.”
About Breakstone, White & Gluck
Breakstone, White & Gluck, a Boston personal injury law firm, encourages all cyclists to wear bike helmets to reduce the risk of serious head injuries while riding.
According to the Centers for Disease Control and Prevention, bicyclists face a higher risk of crash-related injuries than drivers and occupants of motor vehicles. Children ages 5-14 and young adults ages 15-24 have the highest rates of non-fatal bicycle related injuries and account for 60 percent of all bike-related injuries seen in U.S. hospital emergency rooms.
In 2013, we were proud to donate over 1,000 bike helmets to children in the Boston area. We are donating more helmets this year. To learn more about our bicycle safety outreach, visit www.bwglaw.com/project-kidsafe/. We also invite you to follow our Facebook page.
Attorney David White Receives Volunteer of the Year Award from Boston Bikes
Attorney David White was recognized for his contributions to Boston’s cycling community at last night’s 6th Annual Boston Bike Update, which was held in the historic Faneuil Hall in Boston.
White, an attorney at Breakstone, White & Gluck, received the Volunteer of the Year award from Boston Bikes, the city office which oversees the growth of safety infrastructure, the Hubway bike share facilities, and programs for youth and low-income residents. White was honored alongside Bikes Not Bombs of Jamaica Plain, which received the Organization of the Year award. Jon Ramos was named Rookie Advocate of the Year and Vineet Gupta was Unsung Hero of the Year.
Photo credit: LivableStreets/www.livablestreets.info. Attorney David W. White of Breakstone, White & Gluck and Nicole Freedman, Director of Boston Bikes, during the 6th Annual Boston Bike Update at Faneuil Hall.
Jenny Duquette, Community Cycling Program Manager, introduced White:
“Our Volunteer of the Year is a former president of the Massachusetts Bar Association and a trial lawyer at Breakstone, White, & Gluck, which donated 160 helmets to Roll It Forward in 2013.”
“Like any superstar volunteer, he wanted to have an impact, so last year he volunteered at several bike giveaways as our helmet station guru – getting the kids excited about their new helmets, while making sure they got a helmet that actually fit! This year, his firm is donating helmets, locks, and light sets.”
Boston Bikes and Roll It Forward
Roll It Forward collects, repairs and distributes bikes to low-income Boston residents who might not otherwise have access to one. The program’s goal is to promote a healthier lifestyle with increased physical activity and fewer trips by car. As of January 2014, the program had distributed 2,728 bicycles. It plans to donate 850 more in 2014. In one very busy two-year period, the city’s youth cycling program gave safety classes to over 7,770 youth.
Former Mayor Thomas Menino established Boston Bikes in 2007 by hiring transportation planner and former Olympic cyclist Nicole Freedman. At that time, Boston only had 60 yards of bike lanes and was frequently cited as the worst city in the country for cyclists.
Today, the city has 60 miles of bike lanes. Boston Bikes is working to expand the network by adding a variety of new bike lanes, including new cycletracks, which will put a barrier between bike lanes and cars. The Hubway program, which launched in July 2011, continues to grow with more bike stations in Boston as well as Cambridge, Somerville and Brookline. And the program strongly encourages use of helmets, by asking riders to agree to wear helmets in the Hubway contracts, partnering with businesses to offer subsidized helmets and opening the first-in-the-nation helmet vending machine in Back Bay.
Related:
Watch the Boston Bike Update.
Read more about Boston Bikes.
View Facebook photos of the 6th Annual Boston Bike Update.
Read More
Lobbying for Civil Legal Aid in Massachusetts
The lawyers of Breakstone, White & Gluck lobbied their state legislators on Beacon Hill today in support of increased funding for civil legal aid as part of the annual Walk to the Hill 2014. The event, sponsored by the Equal Justice Coalition, draws lawyers from across the Commonwealth for a day of lobbying for the Massachusetts Legal Assistance Corporation, which provides legal aid for the poor and underserved.
“The amount of funding for civil legal aid has suffered a decline in the last ten years; some sources of funding have dried up, costs have increased, and the legislature has been slow to fill the gap. We are asking our legislators to increase funding from $13 million in the last fiscal year to $17 million this year,” said David White. Governor Patrick has recommended only $14 million in his budget request.
Marc Breakstone explained that investing in legal aid actually saves the state money in the long run. “For example, legal service agencies can help find available Federal benefits which people are already entitled to, and can prevent people from being wrongfully evicted and becoming homeless,” he explained. “For example,” Breakstone added, “in Fiscal Year 2012, legal aid organizations unlocked over $70 million in new revenue and cost savings, all on a modest budget of $10.5 million.”
However, caseloads are increasing, staff is being cut, and the number of people who need legal services, but cannot receive them because of budget limitations, continues to increase.
“Massachusetts needs to continue its commitment to the poor and disabled,” said Ronald Gluck. “Considering the return on investment in legal aid, the issue should be a no-brainer,” he added.
For more information, visit the website of the Equal Justice Coalition, or the Massachusetts Legal Assistance Corporation.
Attorney David White Discusses Product Recalls on Fox 25 TV
Last weekend, two young children in Franklin tragically died after getting trapped in a defective wooden hope chest during a game of hide and seek. The chest was one of 12 million manufactured by the Lane furniture company of Virginia between 1912 and 1987.
Attorney David White from the Boston product liability firm, Breakstone, White & Gluck, commented on ways consumers can avoid injuries from defective products, including second-hand goods.
According to reports, the Franklin children were probably playing a game when they got into the chest and the lid closed. The lid automatically latched shut when closed and could not be opened from the inside. When the family purchased the second-hand chest 15 years ago, they had no warning of the defect or the fact that the product had been recalled.
Boston News, Weather, Sports | FOX 25 | MyFoxBoston
The chests were recognized as defective after four children were trapped in them and died prior to 1996, leading to a product recall 1997. In 2001, Lane paid a $900,000 civil penalty to the Consumer Product Safety Commission (CPSC) to settle claims that it had provided late notice of the deaths to those four children.
Even after the recall, probably six million of the chests still have the defective locks. Although there have been sporadic efforts to notify the public of this widespread and serious hazard, it is not clear how aggressively Lane has tried to make sure the defective latches are either removed or replaced.
White, a Boston attorney who specializes in injury and liability cases, said companies have a responsibility to inform clients of recalls and stores have a responsibility not to sell recalled products, but sometimes consumers still do not receive notice, including in cases involving products purchased in second-hand stores. He said defective products are causing injury.
White told Fox 25 that the problem is no one registers a hope chest with a company as they would an electronic product such as a new television. His safety tips:
1) Consumers can learn what hazard signs to look for in products and remove unsafe products on their own, even if they have not been recalled.
2) A few products to watch carefully:
- Cribs, car seats, bassinets, strollers and other products which hold babies.
- Products with small pieces that break off.
- Novelty toys with magnets which children can easily swallow. These have been recalled.
3) Consumers can check the CPSC website for recalls.
4) Read age-appropriate labels on toys. Your younger children may not be old enough to play with their older siblings’ toys.
Read More
Breakstone, White & Gluck Selected for New England and Massachusetts Super Lawyers Lists; 10th Year Honored
We are pleased to announce our lawyers have been honored as Super Lawyers for 2013.
Partners Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Massachusetts Super Lawyers for 2013 list. Associate Samuel A. Segal was also selected to Massachusetts Super Lawyers Rising Stars for 2013. The honors will be printed in a supplement of November’s edition of Boston Magazine.
Breakstone, White & Gluck’s lawyers have been recognized by Super Lawyers for 10 years, first in 2004. Super Lawyers is a publication of Thomson Reuters. It rates lawyers across the country and recognizes no more than the top 5 percent of lawyers in each state. Attorneys are selected using a rigorous, multiphase process that includes independent research, peer nominations and peer evaluations.
Rising Stars uses the same selection process, except candidates must be 40 years old or younger or in practice for 10 years or less. Only 2.5 percent of lawyers in each state are recognized as Rising Stars.
Attorney Marc L. Breakstone was selected as one of the Top 100 New England Super Lawyers for 2013, a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. This is Breakstone’s fourth time being selected as a Top 100 New England Super Lawyer. He has been selected to the Top 100 Massachusetts Super Lawyer seven times and a Massachusetts Super Lawyer for ten years. Breakstone, a graduate of Northeastern University School of Law, has been practicing law in Boston for over 25 years and specializes in personal injury cases involving wrongful death, medical malpractice, gas explosions, construction accidents and transportation accidents. Read more about Marc.
Attorney David W. White was selected as a Top 100 Massachusetts Super Lawyer for 2013 and a Massachusetts Super Lawyer for 2013. It is White’s fifth time on the Top 100 Massachusetts Super Lawyer list and tenth year on the Massachusetts Super Lawyers list. He has also been named to the Top 100 New England Super Lawyers list twice. White, a graduate of the Northeastern University School of Law, is a past president of the Massachusetts Bar Association and has been practicing law in Boston for over 25 years. He specializes in personal injury, wrongful death, insurance bad faith, bicycle accident and motor vehicle accident claims. Read more about David.
Attorney Ronald E. Gluck was selected as a Massachusetts Super Lawyer for 2013 for the ninth year and a New England Super Lawyer for the seventh time. Gluck has been practicing law in Boston for over 30 years and serves on the Board of Governors for the Massachusetts Academy of Trial Attorneys. Gluck specializes in personal injury cases involving wrongful death, car accidents, head injuries, motorcycle accidents, liquor law liability, premises liability, defective medical devices and pharmaceutical product liability. He is a graduate of Case Western Reserve University School of Law. Read more about Ron.
Attorney Samuel A. Segal was selected as a Massachusetts Super Lawyer Rising Star for 2013. Segal joined Breakstone, White & Gluck as an associate in early 2010 and has handled cases involving personal injury, auto accidents, dog bites, gas explosions and medical malpractice. Segal is an active member of the Young Lawyers Division of the Massachusetts Bar Association and volunteers as an attorney-coach for the Cambridge Rindge and Latin School Mock Trial Team in Cambridge. He is a graduate of Northeastern University School of Law.
Read More
Attorney Marc Breakstone Comments in Massachusetts Lawyers Weekly Article: “Too Much Information? Lawyers Split Over Online Juror Surveillance”
Massachusetts Lawyers Weekly writes this week about the divide among lawyers on monitoring social media use and Internet activities by jurors. It is a common practice, especially in Massachusetts, which does not allow attorney-conducted voir dire. There have been no ethical opinions on the subject issued in Massachusetts. Not all attorneys are comfortable with it, but some consider it fair.
“I see no ethical issue. It’s in the public domain,” says Marc L. Breakstone, a Boston personal injury and medical malpractice lawyer with over 25 years of experience. “The public domain is the public domain. There’s certainly nothing wrong with checking the Internet. There would be a lot wrong with interacting with jurors or doing anything on the Internet to influence jurors with respect to the case.”
Breakstone later adds, “Trial lawyers are starving for information about jurors. The Internet is a potential treasure trove of information. Why wouldn’t a diligent trial lawyer inquire of that source? I would rather have voir dire, but without voir dire, this is all I can do.”
Read the full article online or view the PDF version.
Norfolk Propane Gas Explosion Leads to Federal Safety Alert
As a direct result of our client’s tragic death, a leading federal agency has issued a safety alert regarding nationwide measures to prevent catastrophic propane gas explosions.
On July 17, 2013, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a national safety alert in the Federal Register which warns the public of the risks associated with under-odorization of Liquefied Petroleum Gas (LPG). It also advises shippers and carriers on recommended procedures for ensuring that LPG is properly odorized on all modes of transportation.
The PHMSA called the Norfolk gas explosion which killed Nichols and injured seven others the “most notable” of cases it considered.
On July 30, 2010, William Nichols, a 47-year-old electrician was working in the basement of an unfinished condominium at The Village at River’s Edge when it exploded. The structure was demolished. Nichols was buried under burning debris for 70 minutes and suffered burns over 80 percent of his body before he was rescued. Emergency workers responded from 21 nearby cities and towns. He died later that night at a Boston hospital.
The Nichols family was represented by attorney Marc L. Breakstone, of Breakstone, White & Gluck of Boston. In the lawsuit, the Nichols’ family alleged that EnergyUSA had negligently under-filled a new propane tank in the condominium development, causing the chemical odor which had been added to the propane to fade and become undetectable. When a loose fitting on the plumbing caused odorless propane gas to leak into the basement, Nichols and others were unaware of the extreme danger of working in the structure. When a hot water heater pilot ignited, the house exploded in a ball of flames. The remaining structure caved in on Mr. Nichols who was trapped in burning debris for over an hour.
During the litigation, Breakstone discovered that the propane supply company had intentionally under-filled the storage tank to save around $2,000. As a result of this, the chemical odorant in the gas faded out making the leaking gas undetectable.
The family settled its wrongful death lawsuit with EnergyUSA Propane and Smolinsky Brothers Plumbing and Heating for $7.5 million.
New Recommendations
Injection process. LPG is odorized through manual and automated injection. When it is odorized by manual means, the PHMSA recommends quality control checks be conducted. It recommends periodic equipment checks when LPG is odorized through automated means.
New tanks or freshly cleaned tanks. The PHMSA recommends those who fill LPG tanks use quality control measures that ensure LPG has sufficient odorant when it is delivered to end users. It also recommends people who receive new or recently cleaned propane tanks be notified.
Odorization standards. PHMSA recommends that all LPG transported in rail tank car tanks or cylinders be odorized in accordance with the requirements of § 173.315(b)(1), of the Hazardous Materials Regulations, issued by the Department of Transportation.
Read the regulations here.
About Breakstone, White & Gluck
Breakstone White & Gluck has over 100 years of combined experience successfully representing the seriously injured. To learn more, visit our website at www.bwglaw.com.
Breakstone, White & Gluck Donates 175 Helmets to Somerville Bike Safety Day
Bike Safety Day in Somerville is always a great way for children to kick off a summer of safe bicycle riding. This year, Breakstone, White & Gluck was pleased to participate, donating 175 helmets to the Somerville Kiwanis Club for distribution to children from the Winter Hill Community School. Over 130 children were fitted for helmets that day and the school was given the rest to give students individually as needed.
Above photo includes: John Welch, Winter Hill School Re-Direct Officer; Somerville Police Officer MaryAnn Manfra; David Blumsack, Somerville Kiwanis Club Event Organizer; attorney David White of Breakstone, White & Gluck; George McLean of the Somerville Kiwanis Club; Nancy Bushnach of the Somerville Kiwanis Club and Ellen O’Brien of the Somerville Kiwanis Club.
The event is hosted annually by the Somerville Kiwanis Club and was held at the Winter Hill Community School playground on June 22. Children who registered in advance came out with their bikes for a free inspection, helmets and reflectors. Children and parents then had to test out their new skills on bike safety obstacle courses.
As part of the event, children registered their bikes with the Somerville Police Department and were given fingerprinting kits.
The helmet donation was part of Breakstone, White & Gluck’s Project KidSafe, launched this year. To date, our firm has donated over 900 helmets and is on track to donate 1,000 by the end of summer.
Our Boston lawyers have donated helmets to children in need through these programs: Boston Bikes’ Roll It Forward program, CYCLE Kids in Cambridge, Boston Cyclists Union and the Dedham Bike Rodeo. Bikes Not Bombs of Jamaica Plain was given a monetary donation to support its youth programming.
Above: Attorney David White of Breakstone, White & Gluck of Boston.
Below: Somerville Police Office MaryAnn Manfra.
