ACCIDENTS

SAAB vs. MASSACHUSETTS CVS PHARMACY, LLC
SJC-10193, November 13, 2008

The Massachusetts Supreme Judicial Court has affirmed a judgment of dismissal of a claim by the parents of a deceased CVS employee, who died from injuries suffered when he was stabbed with a knife while trying to apprehend a shoplifter. The Court concluded that the determination whether an employee’s injury is compensable under the Workmans’ Compensation Act, G.L. c. 152, § 24, and whether the exclusivity provision applied, did not turn on whether a claimant was entitled to or actually receives compensation under the act. Because the employee’s work-related injuries were compensable, his parents were barred from maintaining any action against his employer.

The employee was working at a CVS store on Longwood Avenue in Boston in February, 2004. Employees, including the deceased, attempted to apprehend a suspected shoplifter, who responded violently, stabbing the employee in the neck with a knife. He died at the scene shortly thereafter. At the time of death, the employee was an eighteen year old high school student, lived at his mother’s home, had no dependents and was financially dependent on his parents.

On Tuesday, November 25, 2008, a pedestrian was struck and killed in a motor vehicle accident, which occurred around 7:00 p.m. in Beverly, Massachusetts, north of Boston. The driver was a 37 year old Beverly resident, whom the police described as drowsy and “droopy-eyed” at the time of his arrest in his home, which was less than a mile away from the scene of the accident. Using a broken side mirror found at the scene of the accident, the police were able to identify the vehicle as a Ford Taurus, which it turned out had just backed into another car at a different location. Witnesses there were able to identify the car and provide a license number, and went to the driver’s residence. The driver was charged with driving while under the influence of drugs, leaving the scene of an accident with personal injury or death resulting, and speeding, as well as leaving the scene of another accident moments before the fatal crash. It is expected that he will later also be charged with vehicular homicide.

Articles Posted in ACCIDENTS

Massachusetts SJC Rules that Workman’s Comp Statute Precludes Parents’ Suit against Employer for Child’s Death Even Though Employer Paid No Benefits

Motor Vehicle Accident in Beverly, Massachusetts Kills Pedestrian