Legal Question in Disability Law in Massachusetts
My uncle was killed memorial day weekend while at the firestatiion awaiting a fishing permit. A volunteer fireman backeed over him with an F 350 watertruck. They had no spotter or back up alarm. My uncle was 67 and was approx 5'3". The driver did not see him. The town of Webster states the driver was not at fault --my uncle was due to his height! Is this discrimination towards short people? He had shrunk from 5"6" due to natural aging process. Am thinking to contact ACLU .
The family wants to sue-- they need to put more protective measures in place. What if a child was there and not seen? The station is in a residential neighborhood.
3 Answers from Attorneys
I am so sorry for the tragic loss of your uncle. While the fire department's excuse is a little bizarre, this may be a simple case of negligence. Your uncle's size plays no part in this, regardless of what the fire department may say.
When filing suit against a municipality, there are procedural prerequisites and time limits, and you would be well-advised to speak with a lawyer immediately.
Please do not hesitate to contact my office at your earliest convenience if you would like to schedule a time to talk.
I am sorry to hear that your uncle was killed in such a horrible and unnecessary way. There are, however, several options that your family have to pursue compensation for your loss.
First, you can continue to pursue your claim against the town with the help of an attorney. The response from the city is quite frankly ridiculous. Height of the victim is no excuse for negligence. Second, there may be additional insurance policies available.
If you like, you are free to contact my office for a free consultation so that we can discuss your options in greater detail. Best of luck.
It would appear to me that his estate has a strong claim of negligence. Unfornunatley, Mass. law caps the liabiltiy of a town for negligence to $100,000 and the driver is immune from liablity. You should hire an attorney. Maybe there is a claim against a third-party and the estate should be able to recover $100,000. I know this is grossly insufficient and I am sorry for your loss. I you want to discuss further, please call. 617-426-7400
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