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On February 15, 2013, David W. Heinlein, a partner at Heinlein Beeler Mingace & Heineman, P.C., with offices in Boston, Cambridge and Natick, obtained a personal injury jury verdict in Las Vegas against the Excalibur Hotel and Casino in the amount of $1,291,435.53. The jury, in this case involving a car striking a pedestrian, entered its verdict on Friday evening after a week-long trial. Once the post-trial calculations are added to the verdict, the judgment is expected to be well in excess of $1.5 Million.
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On Saturday, February 2, 2013, a bus headed from Cambridge, Massachusetts to Philadelphia, Pennsylvania crashed into an under pass on Soldier’s Field Road in Boston. While the police investigation is ongoing, it appears that the bus was simply too tall to fit under the Soldier’s Field Road, Boston underpass, and the front end and top of the bus were destroyed. It has been reported that there are many injury victims on the bus, some hurt seriously. Recent reports indicate that one victim remains in critical condition. Such injuries are not surprising, given the pictures and videos shown by the Boston media which has covered the story.
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It’s been called “The Storm of the Century” or simply “MegaStorm” and regardless of where you receive your weather forecast, you know Massachusetts will be buried in snow over the next few days. Once the travel ban imposed by Governor Patrick is lifted, we will undoubtedly hear of many accidents, with injuries, in the Boston area blamed on snowy roadways. To be sure, snow, like ice and rain, makes driving more challenging and dangerous. Such conditions, however, are not an excuse for failing to drive a vehicle safely or for causing a snow-related Boston automobile accident.
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The Massachusetts Recreational Use Statute, G.L. c. 21, § 17C, provides, in part, that “any person having an interest in land . . . who lawfully permits the public to use such land for recreational . . . purposes without imposing a charge of fee therefor . . . shall not be liable for personal injuries . . . sustained by such members of the public . . . while on said land in the absence of wilful, wanton, or reckless conduct by such person.” Some Courts have focused on whether the injured party actually handed over money in exchange for access the land when determining whether a landowner/occupier is entitled to immunity for negligence. As a result, the Recreational Use statute has been interpreted by some courts to lead to absurd results where one visitor may be entitled to common law duty of care, but another visiting on an admission-free day, may be without remedy when injured. Moreover, some premises liability victims have been left without remedy despite the fact that the landowner/occupier is making substantial sums from activities at the location at issue, either through direct payments from user groups or due to the sale of goods and services on the premises. Such interpretations have improperly expanded the scope of immunity under the Recreational Use statute.
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