Attorney Joseph Russo recently obtained a favorable trial court ruling in a medical malpractice case before Judge David A. Deakin of the Middlesex Superior Court. The facts of the case involved the alleged failure to diagnose the patient’s small bowel cancer. The issue was whether the plaintiff was able to introduce medical evidence at trial that fell outside of the seven-year Statute of Repose.

The Statute of Repose is distinct from the Statute of Limitations. General Law – Part III, Title V, Chapter 260, Section 4 The Statute of Limitations bars medical negligence claims from being filed later than three years from the physician’s deviation from the Standard of Care. The exception to the Statute of Limitations is the Discovery Rule. If the claimant is not able to reasonably discover the deviation from the standard of care – for example, an early-stage cancer goes undetected – the three-year Statute of Limitations runs from the date of discovery. However, the Statute of Repose places a hard cap on the time that a claimant may bring a case. Despite the Discovery Rule, under the Statute of Repose, a medical negligence claim may not be brought later than seven years from the deviation from the standard of care.

But the Statute of Repose bars untimely claims, not evidence. In other words, if there is an independent deviation from the standard of care that falls within the seven-year repose period, the claimant can still introduce medical evidence that falls outside of the seven-year repose period. Why? To provide background evidence and context.

SJC Bellmar v. Moore Decision

In arguments, Attorney Russo relied on the seminal 2025 Supreme Judicial Court decision Bellmar v. Moore, SJC – 13643. Bellmar v. Moore :: 2025 :: Massachusetts Supreme Judicial Court Decisions :: Massachusetts Case Law :: Massachusetts Law :: U.S. Law :: Justia The Bellmar decision dealt with a motion to dismiss a timely filed medical malpractice claim. The claim could independently stand on medical evidence within the repose period. Notwithstanding, it relied, in part, on pre-repose medical evidence. The motion was denied and the case was remanded back to the trial court. However, the Bellmar case was resolved before the trial court was able to determine how the pre-repose medical evidence could practically be used.

Trial Court Ruling

Judge Deakin’s ruling in Attorney Russo’s case provides a road map for how pre-repose medical evidence can be practically used. Case Details – Massachusetts Trial Court N5 The evidence may be introduced to provide background and context with the caveat that a strongly worded curative instruction be read to the jury that they are not permitted to consider if the physician was negligent outside of the seven-year repose period as a matter of law.

The case was featured in Massachusetts Lawyers Weekly. Ruling allows pre-repose evidence in malpractice case It is anticipated that the ruling is going to have far reaching implications in multi-year failure to diagnose medical malpractice fact patterns where there are several potential deviations from the standard of care.

Understanding the Surge in Fatal Motor Vehicle Crashes in New Hampshire

In recent months, the state of New Hampshire has experienced a troubling uptick in fatal motor vehicle crashes. Families, communities and legal professionals alike are witnessing the tragic human cost of these losses and the legal responsibilities that follow. At Granite Law Group, PLLC, we are committed to helping families seek accountability when lives are lost on New Hampshire’s roads.

The Current Landscape & Statistics

According to official reporting, as of early October 2025, there were approximately 101 traffic-fatalities in New Hampshire, representing roughly a 7 % increase compared with the same period last year. (WMUR)
A data-analysis piece further identifies counties with the highest fatality rates per 100,000 residents, with some areas exceeding 15 fatalities per 100,000. (Stacker)
These statistics underscore a sobering reality: motor vehicle accidents remain one of the leading causes of preventable death in our state.

Recent Notable Fatal Crashes

Single-vehicle crash with fire on I-93

In October 2025, a vehicle going south on Interstate 93 in Ashland crashed off the road, caught fire and resulted in a death. (WMUR)

Multi-fatal teen crash in Francestown

A late-night crash on Route 47 in Francestown killed three teenagers when the car left the road and struck a utility pole. (NBC Boston)

Multiple fatal crashes in one weekend

On a single Friday, New Hampshire authorities reported four serious crashes that resulted in two deaths, one from a vehicle hitting a utility pole, another from a dump truck colliding with an SUV. (WMUR)
These incidents reflect patterns of high-speed loss of control, crashes with fixed objects, single-vehicle rollover or ejection, and multi-vehicle crashes.

Common Contributory Factors

Based on law‐enforcement statements and crash-data trends, several recurring factors emerge:

• Impaired driving: Authorities have flagged a rise in drunk-and/or drug-impaired drivers contributing to fatal outcomes. (WMUR)
• Speed and loss of control: Many deadly crashes involve vehicles leaving the roadway, striking fixed objects, or rolling over.
• Distracted driving: Though not always explicitly recorded, in-depth crash investigations often find phone use, inattention or drowsy driving as precursors.
• Single-vehicle crashes: Especially in rural areas, loss of control and ejection account for many fatalities.
• High-risk roads/county disparities: Rural roads and certain counties show disproportionate fatality rates. (Stacker)

At Granite Law Group, we track these patterns to evaluate liability—whether that lies with a negligent driver, vehicle manufacturer, road-maintenance authority, or municipality.

Legal Implications for Families

When a fatal crash occurs, a variety of legal issues may arise:

• Wrongful death claims: In New Hampshire, civil claims may be brought by personal representatives of deceased persons.
• Negligence investigations: Establishing liability involves gathering evidence such as police reports, toxicology results, vehicle-event data, surveillance footage, and expert reconstruction.
• Insurance and subrogation: Fatal incidents often trigger multiple coverages: auto liability, UM/UIM, and life insurance, and may also involve subrogation if PIP/MEDPAY benefits were advanced.
• Settlement and preservation of rights: It is critical to protect evidence and preserve claims early, including timely notices, lien‐resolution (e.g., for medical or Medicare liens), and statute-of-limitation deadlines (generally three years for personal injuries in NH)

At Granite Law Group, we combine technical crash-investigation insight with legal strategy to guide families through this complex terrain.

Steps Families Should Consider Immediately

• Secure the police/crash report from New Hampshire State Police or local county troopers.
• Preserve photos/videos of the scene, vehicle damage, skid marks, road conditions, lighting, signage, and weather.
• If any, retain the vehicle’s electronic data-recorder (EDR) and obtain chain-of-custody documentation.
• Identify any independent witnesses and collect their contact information.
• Contact a law firm experienced in fatal motor vehicle crashes—like Granite Law Group—for a consultation.

Why Choose Granite Law Group

At Granite Law Group, our focus is exclusively on personal injury matters in New Hampshire and Massachusetts, including fatal motor vehicle crashes. We bring to each case:

• A deep understanding of NH statutes and case law relating to wrongful death, negligence, and comparative fault.
• Experience working with crash-reconstruction experts to analyze causation and liability.
• Sensitivity to the emotional challenges grieving families face, paired with professional rigor and tenacity.
• A commitment to transparency, communication, and tailored strategy so you know your rights and options.

For more information, see our page on motor vehicle accident claims and our wrongful death services page (internal links).

Key Takeaways

• Fatal motor vehicle crashes in New Hampshire are increasing; early 2025 data show a ~7 % rise over prior year.
• Contributory factors commonly include impairment, speed-loss of control, and single-vehicle rollovers.
• Legal claims arising from these tragedies involve wrongful death law, negligence investigation, and managing comparative fault and insurance complexities.
• Families should act quickly to preserve evidence, engage experienced counsel, and understand their rights.
• Granite Law Group stands ready to guide clients through investigation, claim construction, settlement negotiation, and, if necessary, litigation.
• Contact us here for a free consultation and case evaluation!

Important Note: This blog post is general informational content only and does not constitute legal advice. Each situation is unique. Please consult qualified counsel regarding your specific circumstances.

• WMUR
• WMUR
• Stacker

Best Lawyers is the oldest peer-review publication in the legal profession, founded in 1981. Attorneys recognized in Best Lawyers are selected based on confidential evaluations from their professional peers, ensuring the process reflects the opinions of leading lawyers about the abilities, professionalism, and integrity of their colleagues.

To be included, an attorney must first be nominated and then evaluated by peers within the same geographic area and practice. After analysis and review by Best Lawyers’ research team, only those with consistently strong feedback are recognized in the publication.

This recognition underscores Attorney Maalouf’s dedication to advocating for injured individuals and families throughout New Hampshire and reflects the respect he has earned within the legal community.

We congratulate Matthew on this well-deserved distinction.

Pedestrian Accidents in Bedford, Massachusetts, Are on the Rise

A troubling series of pedestrian accidents has shaken Bedford, Massachusetts, in recent months. These crosswalk collisions along busy roads such as Concord Road and South Road have claimed several lives. These tragedies highlight the dangers pedestrians face every day and the importance of holding negligent drivers accountable.

As a leading personal injury law firm in Massachusetts and New Hampshire, Granite Law Group has seen firsthand how devastating these incidents can be. Our attorneys help victims and families pursue justice and secure the compensation they deserve.

Recent Pedestrian Fatalities in Bedford, MA

Bedford has experienced multiple high-profile pedestrian crashes in the past year. These events are not isolated; they form a disturbing pattern:

• July 2024: A 53-year-old Concord woman walked her bicycle across a Concord Road crosswalk at the Reformatory Branch Trail when a driver struck her. Reports indicate the driver’s license was suspended, and he may have been using a cell phone. She later died at Lahey Hospital.
• November 2024: Another tragedy occurred when a driver struck a 39-year-old woman as she crossed Concord Road toward St. Michael’s Church. Paramedics transported her to Lahey Hospital, where doctors pronounced her dead.
• September 2025: Most recently, a driver fatally injured a 45-year-old man from Bedford at the intersection of South Road and Loomis Street. The driver remained at the scene and is cooperating with investigators.

These crashes all occurred in or near designated crosswalk areas meant to protect pedestrians. Sadly, driver negligence continues to put residents at risk.

Why Pedestrian Accidents Happen in Bedford

Based on reports, several common factors contribute to Bedford pedestrian accidents:

• Distracted Driving – Use of cell phones and electronic devices behind the wheel is a recurring problem.
• Suspended or Invalid Licenses – In at least one case, the driver was not legally permitted to operate a vehicle.
• Speed and Visibility Issues – Speeding makes it harder for motorists to stop in time.

These factors underscore that many of these collisions are not “accidents” — they are preventable incidents caused by negligence.

Legal Options for Victims and Families

If you or a loved one has been injured or killed in a pedestrian accident in Massachusetts or New Hampshire, you may have legal options such as:

• Wrongful Death Claims – Surviving family members can pursue compensation for funeral costs, medical bills, loss of income, and emotional suffering.
• Personal Injury Claims – Survivors of serious crashes can recover damages for medical expenses, lost wages, pain and suffering, and long-term care needs.

Massachusetts law imposes strict deadlines, so it’s essential to consult an attorney as soon as possible.

Why Choose Granite Law Group?

At Granite Law Group, our attorneys have extensive experience handling pedestrian accident claims in Massachusetts. Here’s how we can help:

1. Comprehensive Investigation
   We work with accident reconstruction experts, engineers, and medical professionals to establish what happened and who is responsible.
2. Proving Negligence
   Whether the crash involved distracted driving, suspended licenses, or something else, we identify every liable party.
3. Maximizing Compensation
   Our goal is to secure the fullest recovery possible, covering medical costs, funeral expenses, lost wages, and non-economic damages like loss of consortium and companionship.
4. Fighting Insurance Companies
   Insurers often minimize payouts in pedestrian cases. We negotiate aggressively and, when necessary, litigate in court.
5. Compassionate Client Support
   We understand the emotional toll these crashes take. Our team provides not just legal representation, but guidance and compassion throughout the process.

If you are searching for an experienced Bedford pedestrian accident lawyer, Granite Law Group is here to stand by your side.

Preventing Future Pedestrian Tragedies

While legal action is vital for accountability, prevention is equally important. Bedford and other Massachusetts towns should consider:

• Ensuring crosswalk beacons and warning lights are always operational.
• Improving street lighting and visibility around high-traffic crossings.
• Enforcing distracted driving laws and penalizing unlicensed drivers.
• Reducing speed limits and adding traffic calming measures near busy intersections.

These steps could save lives and reduce the number of crosswalk fatalities in our communities.

What To Do After a Pedestrian Accident

If you or a family member has been injured in a pedestrian crash in Bedford or anywhere in Massachusetts:

1. Seek immediate medical attention.
2. Report the accident to law enforcement.
3. Collect information (photos, witness names, driver details, etc.) if possible.
4. Do not give statements to insurance companies without legal advice.
5. Contact a Massachusetts pedestrian injury lawyer to protect your rights.

Contact Granite Law Group Today

Pedestrian accidents are life-altering events, and families deserve justice when negligence is involved. At Granite Law Group, we are dedicated to fighting for injured pedestrians and grieving families throughout Massachusetts.

Call us today for a free consultation. Let our experienced team review your case, explain your legal options, and help you pursue the compensation you deserve.

Final Thoughts

The series of pedestrian fatalities in Bedford is a tragic reminder of the dangers on our roads. But through accountability and strong advocacy, victims and families can obtain justice — and towns can be pushed to improve safety measures.

If you need a trusted Massachusetts wrongful death attorney or pedestrian accident lawyer in Bedford, MA, Granite Law Group is here to help.

In the News:

https://thebedfordcitizen.org/2024/07/pedestrian-struck-by-car-on-concord-road-crosswalk-dies

https://thebedfordcitizen.org/2024/11/police-investigating-second-pedestrian-fatality-on-concord-road

https://www.wcvb.com/article/pedestrian-crash-fatal-bedford-massachusetts/66051571

It is reported that Mr. Guliani was rear ended by a teenage driver from Concord, NH. Mr. Guliani, and two other occupants, were travelling in a rented vehicle at the time of the collision. While the details of the events leading up to the crash are unclear, some reports indicate that Guliani’s vehicle was pulled over to assist a woman who flagged down vehicles due to a domestic violence incident.

Mr. Guliani was not operating the vehicle when he was struck. He was taken to a local Manchester area hospital and is reported to have sustained a fractured vertebrae of his spine. His spokesperson, Michael Ragusa, has indicated that Mr. Guliani will be remain hospitalized in New Hampshire throughout the remainder of the week.

It is unknown what Guliani was doing in New Hampshire during Labor Day weekend. Although locals report that he attended the Manchester Fischer Cat game earlier that evening.

As a personal aside, I grew up in New York in the 1980’s and 1990’s. As a young kid going into Manhattan in the late 1990’s, I can attest to the fact that, before Rudy was Mayor, New York City was a warzone. Rudy cleaned up the city and was loved. I still recall the remarkable work that Rudy did when the World Trade Center was attacked. I can still envision him sitting in the front row at Yankee Stadium during game 3 of the 2001 World Series wearing an FDNY hat. On that cold October night, just one month after 9/11, President George W. Bush threw out the first pitch and it was fast ball right down the middle. It was a meaningful moment of patriotism that will forever stay with me.

Years later, I went to St. John’s Law School and became a prosecutor in the Brooklyn District Attorney’s Office. It was around that time that I came to appreciate how instrumental Mr. Guliani was in breaking the strangle hold that the Five Families had over New York City. Mr. Guliani was the US Attorney for the Southern District of New York, which is the crown jewel of the US Department of Justice covering Manhattan. Before Guliani, La Cosa Nostra was thought to be untouchable.

Our office wishes Mr. Guliani a speedy recovery and good luck.

Rudy Giuliani hurt in car wreck after helping domestic violence victim: spokesman

Rudy Giuliani injured in New Hampshire car crash, his spokesperson says

Rudy Giuliani injured but recovering after car accident in New Hampshire | CNN Politics

What to Know About Rudy Giuliani’s Car Accident – The New York Times

Video: Rudy Giuliani seen at baseball game before NH crash

Former New York City Mayor Rudy Giuliani seriously hurt after crash on I-93 in NH, state police say

Rudy Giuliani, two others injured in Manchester crash | Public Safety | unionleader.com

A tragic fire broke out on Sunday night, July 13, 2025, at Gabriel House, an assisted living facility in Fall River, Massachusetts.  When the fire broke out, it trapped many people, including some who couldn’t walk or escape on their own. The fire, which quickly spread through the building, has raised serious questions about safety and accountability. Around 70 seniors lived at Gabriel House. Fire crews rescued dozens using ladders and carried others to safety. Sadly, for some residents, help came too late. 

This is one of the deadliest fires in Massachusetts in recent memory.

What caused the Gabriel House Fire?

Investigators are working with owners and operators of the facility to determine the cause of the blaze.  It is believed that the fire started in one section of the building and quickly spread. Firefighters responded at approximately 9:50 pm, and it took more than five hours and multiple fire departments to fully contain it.

Gabriel House was supposed to have working sprinklers, smoke detectors, adequate staff, and safety plans in place. However, it is still unclear whether these precautions worked as intended. There were reports of limited staff response during the fire. These reports may point to negligence on the part of the facility owners, something that could be key in any legal case that follows.

Legal Implications for Assisted-Living Providers

This tragedy highlights significant legal concerns for assisted‑living operators:

Negligence and code compliance: If investigations find that sprinklers, alarms, or other safety precautions failed due to poor maintenance, families could possibly pursue claims based on negligence or regulatory violations.

Facility liability: Reports regarding potentially failed safety systems suggest broader neglect, potentially supporting claims not only for wrongful death but also for personal injury among survivors.

Insurance and financial recovery: With dozens hospitalized and no clear timeline for residents’ return, families will likely face ongoing expenses, from medical care to relocation. Legal counsel can play a vital role in helping survivors and families seek full financial redress.

Protecting The Vulnerable

At Granite Law Group, we understand the vulnerability of assisted‑living residents and the devastating impact of such catastrophes. We are committed to representing families and survivors seeking justice and accountability. This includes conducting rigorous investigations into care standards, regulatory compliance, and facility inspections.

If the Gabriel House fire affected you or your loved one, you don’t have to face this alone. Granite Law Group stands ready to help you explore your legal options for justice, compensation, and peace of mind.

Please contact us for a free consultation and case evaluation.

News Coverage:

https://www.heraldnews.com/story/news/fire/2025/07/14/fire-fall-river-fire-gabriel-house-assisted-living-center-deaths-injuries/85188126007

https://www.wcvb.com/article/multiple-fatalities-injuries-in-fire-at-fall-river-assisted-living-facility/65393881

https://www.cnn.com/2025/07/14/us/massachusetts-assisted-living-facility-fire

https://www.nbcboston.com/news/local/i-thought-it-was-going-to-be-the-end-of-everything-fall-river-fire-survivor-speaks-out/3766562

WMUR reports that four people were seriously burned when someone poured gasoline on the fire pit causing an explosion. Two of those people had to be taken by helicopter for extensive burn treatment at tertiary care facilities.

Typically, these injuries are covered by homeowner’s insurance which is required by the bank if there is a mortgage on the property. Homeowners insurance covers personal injuries caused to guests on one’s property due to the negligence of a homeowner. If not, renter’s insurance, or umbrella coverage would typically cover these types of injuries. These types of insurance policies typically have extensive coverage limits. Tragic and careless situations such as these, here a horrific fire pit explosion causing life long burn injuries, are precisely why someone would obtain coverage.

Our prayers go out to those injured.

Officials: 4 people seriously burned in Berlin, New Hampshire

Bing Videos

At Granite Law Group, we recognize the devastating impact workplace-related illnesses can have on individuals and their families. This situation raises critical questions about occupational safety, employer responsibility, and the legal rights of affected employees.

Workplace Hazards and Employer Responsibility

Employers have a duty to provide a safe work environment, free from harmful exposure that could lead to serious health conditions. If an unsafe working environment has contributed to these brain tumor cases, the affected nurses and their families may have legal recourse.

Potential sources of environmental hazards in workplaces, especially in healthcare settings, could include:

• Radiation exposure from medical equipment
• Chemical exposure from disinfectants or construction materials
• Airborne contaminants such as mold or asbestos

If an employer fails to mitigate these risks or address employee concerns in a timely manner, they may be held liable under premises liability and workplace safety laws.

Legal Options for Affected Workers

For those who have been diagnosed with serious illnesses potentially linked to workplace conditions, there are several legal options, including:

• Workers’ Compensation Claims: If the illness is job-related, employees may be entitled to workers’ compensation benefits covering medical treatment, lost wages, and disability.
• Personal Injury Lawsuits: If negligence, such as failure to maintain a safe work environment, is a factor, affected employees may have grounds for a personal injury lawsuit.
• Class Action or Mass Tort Litigation: If multiple individuals have suffered similar harm, they may be able to pursue collective legal action against responsible parties.

What Comes Next?

The ongoing investigation at Newton-Wellesley Hospital will determine whether an environmental hazard is responsible for these diagnoses. In the meantime, affected employees should document their symptoms, seek medical attention, and consult with experienced legal professionals to understand their rights.

At Granite Law Group, we stand with workers who have suffered due to unsafe workplace conditions. If you or a loved one has been diagnosed with a serious illness linked to occupational hazards, we are here to help you navigate the legal process and fight for the justice you deserve.

Contact Us Today

If you or a loved one has been diagnosed with a brain tumor or another serious illness potentially linked to workplace exposure, don’t wait to take action. Contact Granite Law Group today for a free consultation. Our experienced legal team is ready to review your case, explain your rights, and pursue the compensation you deserve. Call us now or visit our website to schedule your consultation. Your health and rights matter—let us help you fight for justice.

Nurses at Massachusetts hospital concerned about growing number of cancer cases among staff – CBS Boston

TEN maternity nurses working on the same floor develop brain tumors – Sandra Rose

Massachusetts hospital examines tumor cases among staff – Becker’s Hospital Review | Healthcare News & Analysis

At Granite Law Group, we believe that every child deserves a safe, nurturing environment to learn and grow—especially our most vulnerable students. Recent developments at Bakie Elementary School in Kingston, New Hampshire, serve as a somber reminder of how vital that protection is.

What Happened in Kingston?

News recently broke that top administrators at Bakie Elementary have been placed on paid leave following a months-long investigation into allegations of abuse by a former special education teacher. According to reports, the teacher is accused of physically harming and verbally abusing special education students. Allegations include digging fingernails into a child until they bled and holding another student upside down, causing them injury.

The teacher has pleaded not guilty, and the investigation is ongoing. Still, these allegations have deeply impacted families and the Kingston community at large. Parents and residents are left with troubling questions about how such incidents could happen—and what steps are being taken to ensure accountability.

When Schools Fail to Protect Our Children

Schools have a legal and moral obligation to provide a safe environment for all students, particularly those with special needs. When those entrusted with our children’s education fail to uphold this duty, it can have devastating emotional and physical consequences. In such situations, legal action may be necessary—not only to seek justice but also to ensure future safety measures are in place.

At Granite Law Group, we understand how painful and overwhelming these situations can be. Families deserve answers. They deserve accountability. And above all, they deserve to feel that their voices are heard and that their children’s rights are fiercely protected.

Understanding Your Legal Rights

If your child has suffered abuse or neglect in an educational setting, you have legal options. Schools and districts can be held accountable for the actions (or inactions) of their staff. Whether through civil litigation, negotiation, or advocacy, we help families pursue justice, compensation for damages, and changes to school policies to prevent future harm.

RSA 541-B:14 indicates that the state of New Hampshire, including its towns, municipalities, and school districts, are entitled to damages up to $475,000. Section 541-B:14 Limitation on Action and Claims.

Why Choose Granite Law Group?

Our dedicated personal injury attorneys have extensive experience handling sensitive cases involving children and vulnerable individuals. We approach every case with compassion, discretion, and an unwavering commitment to your family’s well-being. We fight tirelessly to hold institutions accountable and to secure the justice your family deserves.

Our firm has experience litigating against the state of New Hampshire. Recently, our team secured a settlement of $350,000 against New Hampshire Hospital who was negligently supervising a psychiatric patient held under an involuntary emergency admission pursuant to RSA 135-C:27. Section 135-C:27 Involuntary Emergency Admission; Criteria.

Contact Us for a Free, Confidential Consultation

If you are concerned about your child’s safety in a school setting—or if you believe your child may have been the victim of abuse or neglect—don’t wait. Contact Granite Law Group today for a free, confidential consultation. We are here to listen, guide, and advocate for you every step of the way.

📞 Call us at 603-883-4100
💻 Visit www.granite-law-group.com to schedule your consultation today!

Let’s work together to protect what matters most: our children.

NH elementary school administrators placed on leave

California is no stranger to devastating wildfires. Each year, blazes sweep through the state, leaving destruction, displacement, and economic hardship in their wake. However, this year, homeowners are facing a dual crisis: not only are wildfires raging, but an increasing number of insurance companies are dropping homeowners’ policies, creating a perilous situation for residents across the state.

The Insurance Exodus

In recent months, major insurance companies have announced they will no longer issue new homeowners’ policies in California. Citing increased risks due to climate change, record-setting wildfire damages, and escalating rebuilding costs, these insurers argue that the financial risks of operating in the state have become untenable.

This move leaves many Californians scrambling to find coverage. Options are becoming increasingly limited for those in high-risk wildfire zones, often forcing residents to rely on the state’s Fair Access to Insurance Requirements (FAIR) Plan. While the FAIR Plan provides a safety net, it is typically more expensive and offers less comprehensive coverage than traditional policies, creating additional financial strain for homeowners.

The Impact on Fire Preparedness

Insurance plays a vital role in disaster preparedness and recovery. A homeowners’ policy covers damages to a property and provides funds for temporary housing, rebuilding, and replacing lost possessions. Without adequate insurance, many homeowners face the grim reality of being unable to recover financially after a wildfire.

The absence of insurance coverage may also discourage homeowners from investing in fire-resistant upgrades, such as metal roofs, fireproof siding, or defensible space around their properties. Though costly upfront, these measures can significantly reduce the risk of fire damage. However, if homeowners lack insurance or fear losing their policies, they may be reluctant to make these investments, further exacerbating the wildfire crisis.

Economic Ripple Effects

The insurance crisis has broader economic implications for California. As insurers exit the market, mortgage lenders grow increasingly concerned. Many lenders require homeowners to carry insurance as a condition of their loans. Without available coverage, homeowners may default on their mortgages, leading to foreclosures and a potential housing market downturn.

Additionally, local governments depend on property taxes, which are directly tied to property values. If homes in high-risk areas lose value due to their inability to secure insurance, municipalities could face budget shortfalls, which could impact public services and infrastructure investment.

Legal and Legislative Responses

California’s government is taking steps to address this growing issue. In July 2023, Insurance Commissioner Ricardo Lara announced plans to expand the state’s FAIR Plan and explore ways to incentivize insurers to remain in the state. Proposals include offering tax breaks to insurers, creating reinsurance pools to spread risk, and requiring companies to continue providing coverage in areas where they underwrite other types of policies.

Consumer advocacy groups are also calling for increased transparency from insurance companies. Critics argue that some insurers overstate wildfire risks or fail to account for mitigation efforts homeowners and communities have implemented. Advocates believe that by establishing clearer guidelines and risk assessments, insurers can be persuaded to return to the market.

What Homeowners Can Do

For homeowners navigating this uncertain landscape, proactive measures are essential:

1. Assess Fire Risk: Determine if your property is in a high-risk wildfire zone and take steps to mitigate the risks. These may include creating defensible space, upgrading building materials, and installing fire-resistant landscaping.
2. Explore Coverage Options: If your current insurer drops your policy, research alternatives through brokers, surplus line insurers, or the California FAIR Plan. While these options may not be ideal, they can provide essential coverage.
3. Document Your Property: Take a detailed inventory of your belongings and record any fire-resistant upgrades. This documentation can be invaluable during claims processes.
4. Advocate for Policy Change: Join local or state advocacy efforts to push for legislative solutions that address the insurance crisis and promote wildfire resilience.

Looking Ahead

California’s wildfire season shows no signs of abating, and the insurance exodus highlights the urgent need for systemic solutions. Collaboration between the state government, insurance industry, and residents is critical to ensuring homeowners can protect their properties and recover from disasters.

Sources:

Insurers stop selling home insurance to new customers in CA

Commissioner Lara continues bold insurance reform agenda with landmark FAIR Plan modernization

Insurers brace for losses of up to $20bn from California wildfires

This could be the beginning of the end for fire insurance in California

FAIR Plan Improvements Are on the Way

Consumer Alert on Insurers’ Decision

Some insurers stop issuing new homeowners insurance policies in California

Governor Newsom’s executive order leads to FAIR Plan reforms

CA insurance commissioner reveals plan to tackle insurance crisis, activists find ‘many loopholes’

On December 4, 2024, at approximately 6:30 am, a masked gunman with a grey backpack walked up behind United Healthcare CEO Brian Thompson, brandished a gun with a silencer, and fatally shot the CEO in the back. The brazen assassination occurred in front of a Hilton hotel in Midtown Manhattan where the CEO was scheduled to participate in an investor meeting. The gunman then jumped on a bicycle, rode up to Central Park, and seemingly disappeared. The whole incident was captured on video surveillance. It looked like a professional hit, perhaps even a contract killing.

The NYPD crime scene unit immediately responded to the murder scene to cordon off the block and preserve evidence. They recovered bullets and shell casings from the scene that had the words “deny” “defend” “depose” written on them. Not only was this an unveiled reference to the insurance practice of denying health insurance claims to drive up profits, but it was also a lead on the motive of the crime.

At the same time, detectives started working the case. They poured through video surveillance from local businesses and identified the masked gunman with the same grey backpack at a local Starbucks that same morning. They retrieved a discarded water bottle and power bar wrapper. They also later discovered additional video surveillance from a nearby hostel where the gunman’s mask was pulled down as he was flirting with a girl. This image was circulated throughout the country.

Suspect Found in Pennsylvania

Five days later, on December 9, 2024, a patron of an Altoona, PA McDonalds, located 300 miles outside New York City, recognized a man who matched the photo of the gunman. Local police were called, and they apprehended the suspect. The suspect had a 3D printed “ghost gun” in his possession. He also had a handwritten manifesto explaining the corporate greed of the insurance industry and justifying why “it had to happen.”

The suspect was later identified as Luigi Mangione, an affluent 26-year-old Ivy League graduate of UPenn. Evidently, Mr. Mangione sustained a surfing accident which required him to undergo a lumbar spinal fusion surgery. The x-ray of the hardware is prominently posted on his social media profile.

Apparently, the NYPD crime lab matched the ghost gun to ballistics evidence found at the scene through microscopy. Moreover, Mr. Mangione’s fingerprints were matched to latent prints pulled from the discarded Starbucks items.

Insurance Industry Profitability

The United Healthcare CEO murder has sparked a discussion about insurance industry practices. While sensible people do not condone the murder, it was palpable how many people voiced displeasure with the insurance industry. After all, 67% of personal bankruptcies are attributable to uninsured healthcare costs.

In 2023, the health insurance industry recorded a profit margin of 2.2%. Do not be fooled by that modest percentage. The health insurance industry net profits for 2023 amounted to $25 billion! And net profits do not paint the full picture. The way the industry works is that premiums are collected, pooled, and invested before claims are paid out. This is something known as the “float.” The longer it takes the claim to get paid out, the more interest can be earned. This makes insurance companies who are publicly traded very attractive investments. For example, the United Healthcare stock increased 83.3% over the last five years.

Auto Insurance Profitability

The “float” is most pronounced is the auto insurance space. A health insurance claim will typically get paid out within 60 days. But a bodily injury auto insurance claim takes much longer. A quick moving bodily injury auto insurance claim will typically get paid out in 6 months. A standard moving bodily injury auto insurance claim will typically get paid out in 12 months. A slow-moving bodily injury auto insurance claim with complex medical treatment will typically get paid out in two years. If the case is “denied, defended, and deposed” in litigation, the case can take anywhere from three to five years!

In 2020 – 2021, due to COVID-19 pandemic lock downs, the auto insurance industry experienced dramatically high profitability. Why? Because they collected billions of dollars in premiums and had to pay out a fraction of the claims that they typically do because less people were driving.

With that said, when lock downs were lifted, and the world began to normalize, the auto insurance industry’s bottom line took a hit. Not only did people seemingly forget how to drive when they got back on the road, but inflation caused auto repair prices to increase.

The insurance industry measures the success of their underwriting process through something called the “combined ratio.” A CR score above 100% means the carrier is paying out more in claims and administrative expense than what they have taken in through premiums. In 2022, the industry wide CR score was 112.2%. In 2023, the CR score dropped to 104.9%, but it still was not profitable.

To combat their losses, insurance companies sought approval from state regulatory agencies to increase their premiums. Companies like Allstate, Farmer’s, GEICO, Liberty Mutual, Nationwide, Progressive, State Farm, Travelers, and USAA where able to obtain regulatory approval to increase premiums by over 20% in some states.

Insurance companies love to point to the combined ratio (ostensibly claims), being the predominant reason that premiums increased. They say, it’s the lawyers who are driving up premiums! That is only one piece of the puzzle.

In the last five years, the Berkshire Hathaway stock (GEICO’s parent company) is up 103.7%. Do you know how Progressive is doing? Their stock is up 249.7% in the last 5 years! Investors are not pouring money into these company’s stocks because they are having a rough go. They are investing in these companies because they have long term growth and have superior cash flow by being able to control the “float”.

Charting the U.S. Top 50 Advertising Spenders

Float: How Insurance Companies Can Leverage Buffett’s Secret to Wealth

Microsoft Word – Health 2023 Annual Industry Commentary

Why Auto Insurance Rates Are Out of Control – The American Prospect

20+ Interesting U.S. Insurance Industry Statistics [2023]: Insurance Facts, Margins and More – Zippia

Personal Auto Driving P/C Insurers to 2024 Underwriting Profit

Rate Hikes Not Bringing Profit to US Auto Insurers: Fitch

FIO Annual Report 2023

Insurers Rake In Profits as Customers Pay Soaring Premiums

Gun CEO killing suspect Luigi Mangione had upon arrest matches shell casings from crime scene, police say | CNN

UnitedHealthcare CEO killing: Luigi Mangione’s writings revealed – ABC News

What we know about Luigi Mangione, suspect charged in UnitedHealthcare CEO’s killing – CBS News

7 Insurance Stocks to Buy for Income and Growth | Investing | U.S. News

Old Haunts of New York

On May 1, 2023, Daniel Perry, a former US Marine and current architecture student, finished class in Downtown Brooklyn and boarded a Manhattan bound F train at the Jay Street/Metrotech subway stop. I know this stop well. In 2008, I started my career as an Assistant District Attorney for the Brooklyn DA’s Office located at 350 Jay Street. This was my stop.

Mr. Perry was listening to his ear buds when the train pulled into the Second Avenue station located in the East Village in lower Manhattan. I also know this stop well. When I was working at the Brooklyn DA’s Office, I lived at 156 East Second Street above Supper, an Italian restaurant between Avenue A and B. I was technically in (but really on the outskirts of) Alphabet City. Avenue A was “okay”, Avenue B was “bad,” Avenue C was “crazy” and I would rather not address when happens on Avenue D. This too was my subway stop.

Jordan Neely, entered the subway at the Second Avenue station, slammed his jacket on the ground, and yelled that if he didn’t get some food or water, he was going to kill someone and didn’t care if he went to jail. He began getting in passenger’s faces and made threatening statements to not just men, but also women and children. Witnesses later testified at trial that they were “terrified.”

I have experienced situations similar to these on NYC subways, but admittedly not to the extent described by the witnesses in this case. I always asked myself, if something went down, “would I be courageous enough to step in?” That’s the tricky part, being able to assess when something is about to go down. You only know with certainty in hindsight. On some occasions, that might be too late.

Mr. Perry felt a duty to step in before things got out of hand. After all, he’s a US Marine. Every society needs the archetype of a protector. US Marines, like police officers and fire fighters, are ours.

Roughly 30 seconds before the subway pulls into the next stop, Mr. Perry placed Mr. Neely in a chokehold, took him down to the ground, and urged passengers to call the police while the train was stopped at the station. For the next six minutes, when passengers held the doors open, Mr. Neely began writhing on the ground. Later on, two passengers held his arms down. During the last 60 seconds of this incident, Mr. Neely stopped moving, but Mr. Perry continued to place the chokehold until the police arrived.

When NYPD did arrive, Mr. Neely was unresponsive and only had a faint pulse. They were unable to revive him with CPR and he was later pronounced dead at a local Emergency Room.

Manslaughter, Recklessness, and Self-Defense

Mr. Perry was charged with Manslaughter in the Second Degree. NY Penal Law section125.15 defines the offense as “recklessly caus[ing] the death of another person.” NY Penal Law section 15.05 defines recklessness when a person is “aware of and consciously disregards a substantial and unjustifiable risk that such result will occur . . . [which] constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.”

The defense has mounted two primary defenses: (1.) Mr. Perry merely hoped to restrain Mr. Neely until the police arrived and was not applying a reckless amount of pressure to the neck. (2.) Mr. Perry acted in self-defense of another.

NY Penal Law section 35.15 defines justifiable deadly physical force as when the “actor reasonably believes that such other person is using or about to use deadly physical force.”

I do not believe that, beyond a reasonable doubt, Mr. Perry acted recklessly in applying the chokehold to restrain Mr. Neely. Not only that, I think Mr. Perry was reasonably acting in self-defense of the other passengers on the train. After watching the 30-minute police interrogation, I am left with the resounding impression that someone had to step into that situation before it got out of hand.

Sentencing Considerations

Manslaughter in the Second Degree is a Class C non-violent felony. Meaning, Mr. Perry can be sentenced to no jail time or probation if convicted. For a first-time offender, that will likely be the result if the jury returns a guilty verdict. But that’s not the point. For the last year and a half, Mr. Perry has gone through nothing short of a complete nightmare. And now, whenever there’s an altercation and we need a protector to step in, that person might be reticent to get involved.

With that all said, Mr. Neely’s story embodies that of untold injustice and victimhood. When he was only 14 years old, his mother was reportedly murdered by an abusive boyfriend. Mr. Neely was placed in foster care. It was around this time that he developed schizophrenia which, I can only assume, was due in part to the psychological trauma thrust upon him. Mr. Neely’s life spiraled into a cycle of mental illness, petty arrests, substance use, and homelessness. He was a young man who needed support, love, and care. But the systems of New York City failed to fill that void.

Which makes you wonder, is that a void that can really be filled by a system anyway?

Jury revisits key videos in NYC subway chokehold death trial | AP News

Jury to Decide Whether Daniel Penny was Justified in Using Chokehold on Jordan Neely – Newsweek

Daniel Penny: Closing arguments in the NYC subway chokehold trial start today | CNN

Jurors Set to Weigh Daniel Penny’s Fate in Choking Case That Divided New York – The New York Times

Jury revisits key videos in NYC subway chokehold death trial – The Washington Post

Daniel Penny’s subway chokehold trial: The key takeaways – ABC News

Granite Law Group is pleased to announce that partners Joseph J. Russo, Esq. and Matthew A. Maalouf, Esq. have been selected to the 2024 Super Lawyers list for personal injury attorneys in New England.

Published annually by Thomson Reuters, Super Lawyers is a rating service that annually identifies outstanding lawyers in all 50 states and Washington, D.C., from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

Attorney Russo has been named a Super Lawyer from 2022-2024, and named a Super Lawyer Rising Star from 2017-2021.

Top Rated Nashua, NH Personal Injury Attorney | Joseph Russo | Super Lawyers

/lawyers/joseph-russo

Attorney Maalouf has been named a Super Lawyer Rising Star from 2023-2024.

Top Rated Nashua, NH Personal Injury Attorney | Matthew Maalouf | Super Lawyers

/lawyers/matthew-a-maalouf

On May 5, 2024, Steward Health Care filed for Chapter 11 bankruptcy protection. At the time of bankruptcy filing, Steward Health Care owned hospitals throughout the country. However, the news and implications of the bankruptcy filing was felt most profoundly in Massachusetts. Afterall, Steward Health Care originated in Massachusetts in 2010 with the purchase of St. Elizabeth’s Medical Center from the Archdiocese of Boston.

This is a certainly a New England story involving New England players. Namely, Ralph de la Torre, MD, the former CEO of Steward Health Care who, before his entrance into business, was a cardiac surgeon at Boston Medical Center and Beth Israel Deaconess Medical Center. Governor Martha Coakley, the former Attorney General of the Commonwealth of Massachusetts who oversaw the formation of Steward Health Care, its purchase of the health system from the archdiocese, and its conversion from a non-profit to a for-profit model. Vermont Senator Bernie Saunders, who is presiding over the Senate hearings. Lastly, the Boston Globe Spotlight team.

Pre-Steward Health Care:

The story starts in 2008. At that time, Dr. de la Torre was working as a cardiac surgeon at Beth Israel. He was asked to be the CEO of Caritas Christi Health Care, the non-profit organization that owned St. Elizabeth’s. The company was an offshoot of the Archdiocese of Boston. The reason Dr. de la Torre was tasked with running St. Elizabeth’s was because the company was doing poorly and was carrying a substantial amount of debt. Under Dr. de la Torre’s leadership, despite the 2008 sub-prime mortgage crisis, the hospital was able to turn a substantial profit.

Dr. de la Torre had more grandiose aspirations than the short-term success he enjoyed. In 2009, Dr. de la Torre encouraged Cerberus, a private equity firm based in New York, to purchase Caritas Christi Health Care for $895 million. The purchase included paying off the pre-existing debt totaling $275 million and assuming responsibility for the $200 million pension fund. In exchange, Cerberus was able to change the company to a for-profit model under a new corporate entity, Steward Health Care, with Dr. de la Torre as the CEO.

Private Equity:

Then Massachusetts Attorney General Coakley approved the deal. She included several stipulations that limited Steward’s ability to acquire more facilities and take on more debt over the course of a five-year monitoring period. In 2015, after the conclusion of the five-year monitoring period, Steward was free to raise capital.

In 2016, Cerberus urged Steward to sell their real estate to a company named Medical Properties Trust for $1.25 billion. Steward would use the money to pay back Cerberus for their 2010 capital investment. Steward would then lease the properties back from Medical Properties Trust with escalation clauses that caused the rent to increase annually.

In 2017, Cerberus and Steward used the capital infusion to purchase a Tennessee based health system and added another 18 hospitals to their portfolio. They became the largest for-profit hospital operator in the country.

It’s at this point, in 2020, that Dr. de la Torre became greedy. Steward purchased Cerberus’ interest in the health system which was financed by a $335 million loan from Medical Properties Trust. Cerberus exited the picture, having made a $800 million total return on investment over the course of 10 years (roughly 90%).

Financial Problems:

Over the course of the next four years, things spiraled out of control for Steward. Medical Properties Trust was now Steward’s landlord and creditor. Steward was unable to keep up with their liabilities. It was reported by the Boston Globe that Steward was behind $50 million in rent owed to Medical Properties Trust. Steward tried to sell four out of their nine Massachusetts hospitals – St. Elizabeth’s, Holy Family, Nashoba Valley, and Norwood Hospital. They couldn’t procure any buyers. It got so bad that Steward was not even able to pay their vendors for medical equipment. Notably, in 2023, a 39-year-old new mother died because St. Elizabeth’s didn’t have the appropriate equipment to treat her bleeding liver. The equipment had been repossessed by one of their vendors for non-payment.

On May 5, 2024, Steward Health Care filed for Chapter 11 bankruptcy protection. Afterwards, in July of 2024, the US Attorney’s Office of Massachusetts opened a criminal investigation and Sen. Saunders commenced a Senate hearing. Dr. de la Torre failed to comply with two congressional subpoenas. He claims that his testimony would run afoul of the bankruptcy proceedings.

As it stands, the Commonwealth of Massachusetts has taken proactive measures to ensure the local hospitals are being operated. For example, the governor’s office oversaw the transfer of Holy Family Hospital to Lawrence General. St. Elizabeth’s Hospital was taken by eminent domain and is being transferred to Boston Medical Center. The outlook for Dr. de la Torre is not so positive. As recently as September 12, 2024, the Senate Committee voted to hold Dr. de la Torre in contempt.

This is certainly a cautionary tale of what happens when health systems are operated as a for-profit model. This is a classic example of profits over patients.

Links:

Inside Steward Health Care: A Boston Globe Spotlight Team report

Senate committee to vote to hold Steward Health Care CEO in contempt | AP News

/blog/commonly-asked-medical-malpractice-questions

The Boston Celtics defeated the Dallas Mavericks last night at TD Garden to win their 18th championship. The Celtics now have the most titles in NBA history. They just edged out their arch nemesis, the LA Lakers, who have 17 titles. Jaylen Brown took home the NBA Finals MVP award. This was a proud moment for Jaylen, who had historically been Robin to Jason Tatum’s Batman,. This has been the case since the duo entered the league just one year apart in 2016 and 2017.

The duo made the Eastern Conference Finals 5 times in their first 7 years together. However, they could not get past Lebron James’ Cleveland Cavaliers, and only beat Jimmy Butler’s Miami Heat in one out of three tries. In 2022, when they did beat the Heat, Brown and Tatum fell to Steph Curry’s Golden State Warriors in the NBA Finals. There discussions about breaking up the pair. Many thought they could not get over the hump. Last night, those critics were proved wrong.

After the final buzzer, loyal Celtics fans poured into the streets of Boston to celebrate. Viral clips circulated throughout social media of fans singing “Sweet Caroline.” Boston fans engaged in their fair share of mischief. Several people climbed (and fell) from poles. 8 people were arrested for disturbing the peace and trespassing. No destruction of property was report (this is Boston, not Philadelphia after all). However, one police officer was injured in the chaos.

Firefighter’s Rule:

Massachusetts, like most jurisdictions, follows the “Firefighter’s Rule.” This legal doctrine prohibits firefighters and police officers from bringing a third-party claim for injuries sustained in the line of the duty. The theory is that firefighters and police officers assume the risk of being injured on the job. This is due to the inherent danger of their professions.

The police officer would be entitled to collect Worker’s Compensation for his/her injuries. Worker’s Compensation covers an employee’s medical expenses, plus 60% of their lost wages, and gives compensation for a permanent injury. Worker’s Compensation law is “no-fault.” Provided that the injury occurred on the job, the injured worker would be able to recover. No fault applies regardless of whether someone else is negligent. The caveat is that the injured worker is prohibited from suing his employer directly if they caused the injury. The injured worker’s only remedy is to seek worker’s compensation benefits which is an insurance claim.

Any worker who’s injured on the job can collect worker’s compensation. The main difference between a plumber and a firefighter or police officer is that if a third-party caused the injury, the plumber could bring a third-party claim in addition to collecting worker’s compensation benefits. The worker’s compensation carrier who paid for the medical bills, lost wages, and permanency award would have a lien against a potential settlement against a third-party.

Sadly, firefighters and police officers don’t have that option under the Firefighter’s Rule. At our firm, we have nothing but the utmost respect for firefighters and police officers who keep us safe.

In any event, the duck boats will be ready to go for the victory parade on Friday. Let’s go Celtics!

Eight arrested, officer injured in Celtics championship celebration (boston.com)

Do you remember celebrating the Celtics’ 1986, 2008 championships? (msn.com)

‘Let’s go!’: Celtics fans take over Boston to celebrate NBA Finals win (msn.com)

/blog/boston-rescue-mission-dinner

/blog/attorney-joseph-russo-to-attend-the-pucks-paddles-charity-event-in-boston

NH State Police reported a rollover crash in Manchester that injured three people on the evening of June 16, 2024. The police report that a man struck a median barrier on Route 293 while travelling at an excessive rate of speed. According to the police report, there were several witnesses to the crash. The impact caused his vehicle to rollover and skid across the highway. The man who was operating the car was injured in the crash. Also, the man’s two passengers sustained injuries as well. All three occupants were transported to Catholic Medical Center for treatment.

The vehicle operator was driving a BMW SUV with a suspended license. He was issued a citation and will have to appear in court later this summer. The NH State Police are investigating whether reckless driving charges are appropriate.

A vehicle operator found at fault cannot bring a claim for injuries sustained in a single vehicle crash. Therefore, the Manchester man operating the vehicle would not have a claim associate for the rollover crash. However, the passengers of the vehicle may bring a claim against the operator for negligent driving.

Driver Arrested After Rollover Crash Closes I-293 | NH State Police

/blog/what-information-about-accidents-can-police-release-in-new-hampshire

Laconia Motorcycle Week kicked off on June 8, 2024. This will be the 101 version of the popular New Hampshire event which draws motorcycle enthusiasts throughout the New England region and beyond. NH residents can expect to see an influx of motorcycle operators throughout the week. Reports have indicated that there has been an uptick in motorcycle related accidents at this time.

Sadly, 2024 is shaping up to outpace 2023 in motorcycle fatalities. In 2023, 41 motorcyclists died in fatal roadway accidents. As we approach the midway point of 2024, we are 9 fatalities above last year’s pace.

Reported Motorcycle Accidents:

Before the Laconia Motorcycle Week event started, during the evening of June 5, 2024, a motorcyclist travelling on Oceanview Avenue in Seabrook was thrown from his bike after overtaking another vehicle, re-entering the lane, and colliding with the back of a pick-up truck. The motorcyclist suffered fatal injuries as a result of the crash.

Earlier this week, on June 11, 2024, two motorcycles collided on Louden Road in Concord. Three people were injured in the crash and required hospitalization.

Laconia Motorcycle Week Precaution and Safety:

While none of these incidents are related to Laconia Motorcycle Week, due to the increase in motorcycle riders attending the event, everyone should be vigilant while on the road. Most motorcycle riders are skilled operators with years of experience. However, despite being cautious, they are difficult to detect due to their size and are oftentimes obscured by blind spots.

Lane changing becomes a much more difficult undertaking when motorcyclists are on the road. Additionally, motorists should give motorcycle riders space when traveling behind them. Oftentimes, motorcycles will “engine brake,” which reduces the speed of the motorcycle by releasing the throttle. However, this maneuver does not make the brake lights turn on.

At the close of 2024’s motorcycle week, the Department of Safety’s Fatal Crash Unit reported more accidents. The department indicated there was 82 crashes during motorcycle week, 11 injuries, and 1 fatality. Those figures as slightly lower than 2023, which reported 92 crashes, 15 injuries, and no fatalities.

Throughout New Hampshire, in 2024, there have been 47 fatal collisions, 11 of which involved motorcycles.

Our firm is composed of experienced New Hampshire motorcycle accident lawyers who are knowledgeable of the common mechanics of motorcycle accidents. We support Laconia Motorcycle Week and take pride in assisting motorcycle operators recover significant financial compensation if they sustain injuries in a motorcycle crash. Click on the link below for more information about our team of New Hampshire motorcycle accident lawyers.

/nh-personal-injury-lawyers/nh-motorcycle-accident-lawyers

Links:

Fatal Motorcycle Crash In Seabrook | NH State Police

LMCW – Laconia (laconiamcweek.com)

Deadly motorcycle crashes on the rise in NH | Human Interest | unionleader.com

Concord Monitor – Motorcycles collide in Loudon; three people injured

Laconia Motorcycle Week a smooth ride so far | Local News | laconiadailysun.com

Motorcycle, car crashes mar end of Bike Week (yahoo.com)

Matthew Colangelo, head prosecutor for the Manhattan DA’s Office legal team, argued that Judge Merchan was going to provide the jurors with jury instructions before their deliberations. Thus, it was inappropriate for an expert witness to invade the judge’s authority to instruct the jurors on the law. Judge Juan Merchan sustained the prosecution’s objection to the expert testimony and Mr. Smith was not allowed to take the stand.

Jury Instructions and the Law:

While it is true, that legal definitions are within the scope of the judge’s exclusive authority, the intent behind the FECA language is very confusing to understand. For example, many Americans following the trial might be asking themselves – how far does the definition of “for the purposes of influencing an election” stretch? And, if you use your personal money in a way that indirectly assists a campaign, does this really count as a “campaign contribution?”

You might be interested to know that in white collar criminal trials, securities experts testify about insider trading, market manipulation, and securities valuation all the time. It’s common place. Why? Because these topics are so nuanced.

When it does come time for Judge Merchan to give jury instructions, he is going to read boilerplate legal definitions from the model rules (and now the FECA). This process will likely take in excess of one hour and the jury is going to be bored to tears. The jury will be left with the testimony of Michael Cohen, who himself pled guilty of FECA offenses. But does Michael Cohen’s decision to plea guilty to a FECA charge for his payoff to Stormy Daniels in exchange for a light sentence get imputed on Trump? Does the plea definitively prove that the Manhattan DA’s office has proven this case against Trump beyond a reasonable doubt?

Expert Witnesses:

In any trial, whether it is criminal or civil, witnesses are only allowed to testify about the facts – what they did, heard, or saw. Witnesses are not allowed to testify about opinions unless they are qualified as experts. To be qualified as an expert, the presiding judge must be satisfied that the expert has a high level of education, training, or experience to offer opinions within a particular field that is relevant to the case.

In a truck accident case, you might want to call an expert who’s an experienced accident reconstructionist. This would be someone who taken certification courses, typically through law enforcement organizations, on how to measure tire skid marks to calculate brake time and vehicle speed before the point of impact.

In a catastrophic injury case, you might want to call an expert who’s an experienced orthopedist. This would be someone who had acquired educational degrees within academia and who has fellowship training through hospital programs.

Experts can be very impactful on juries. But the weight of their testimony is the same for any other witness. A jury is supposed to decide if an expert is credible, is predisposed to a particular opinion, or is motivated by financial gain. For a case like this, out of all the salacious testimony from Michael Cohen and Stormy Daniels that was heard, I think Bradely Smith would have been the most instructive. It is a shame that he was not permitted to offer his expertise.

Key Trump witness nixed after Merchan’s rulings reveals how he would have testified | Fox News

Trump’s Best Defense Has Nothing To Do With Bragg Or Merchan (thefederalist.com)

The gap between the YDC verdict and the state’s cap has sparked debate over compensating abuse victims. The cap is seen by many as undermining the jury’s intent in deciding the YDC verdict and the victim’s need for adequate compensation to address lifelong trauma. The case also highlights the implications for hundreds of other claimants who have suffered similar abuses at the YDC and other state-run facilities.

Benefits of the YDC Claim Settlement Fund

To address the numerous abuse claims more efficiently and humanely, New Hampshire established the YDC Claim Settlement Fund. This fund offers several advantages over traditional litigation, making it a preferred route for many victims:

1. Efficiency and Speed: The fund is specifically designed to expedite the resolution of claims, ensuring that victims do not endure prolonged legal battles. Unlike traditional litigation, which can stretch over several years, the settlement process through the fund is expected to conclude within a year.
2. Compensation: The settlement fund provides compensation caps that are substantially higher than those imposed in court cases against the state. Victims of sexual abuse can receive up to $1.5 million, and those who suffered physical abuse may receive up to $150,000. These amounts are designed to better reflect the severity of the abuse and its impact on the victim’s life, compared to the $475,000 cap in traditional lawsuits.
3. Reduced Stress: Opting for the settlement fund spares victims the additional trauma of a public trial. The process is less invasive and avoids the retraumatization often accompanying detailed court testimonies before a jury can deliver a YDC verdict. The fund operates with a commitment to treating victims with dignity and respect, focusing on fair and just compensation.
4. Simplified Process: The fund eliminates the complexity often associated with proving abuse in a court of law. It provides a more straightforward path for victims to claim compensation without the burdensome requirement of detailed evidence and prolonged cross-examinations that can occur in traditional trials.

Why Choose Granite Law Group?

Choosing the right legal representation is crucial for survivors of abuse at the YDC and similar institutions. Granite Law Group stands out as a leading advocate for victims, with a proven track record of compassionate and effective legal service. Here’s why you should consider us:

• Expertise and Compassion: Our legal team is knowledgeable about YDC settlement claims and understands the emotional toll on survivors. We combine legal acumen with a compassionate approach to support our clients through every step of the process.
• Advocacy and Support: We are staunch advocates for our clients’ rights. Granite Law Group works tirelessly to ensure that each client receives the maximum compensation available.
• Strategic Guidance: Our attorneys help clients navigate the settlement fund process. We provide clear, tailored advice based on each client’s unique circumstances and goals.

If you or someone you know was a victim at the YDC or similar institutions, you are not alone. Contact Granite Law Group to schedule a consultation today. Let us help you find the path to healing and justice that you deserve.

Links:

https://www.granite-law-group.com/ydc-settlement-fund-lawyers/

https://www.granite-law-group.com/ydc-settlement-fund-lawyers-2/

https://www.granite-law-group.com/blog/ydc-lawsuit/

The Tesla driver admitted to investigators that he had one drink before operating his vehicle. However, he passed an on-scene field sobriety test. The investigating officers seemed more concerned with the Tesla driver’s failure to appreciate the motorcyclist due to being distracted by his phone. Had he been paying attention to the road, despite operating in self-drive, he could’ve disengaged the autopilot function. He would’ve been able to take evasive action to avoid the crash.

According to Tesla promotional materials, “under your supervision, Full Self-Driving (Supervised) can drive your Tesla almost anywhere.” Tesla tells operators that the self-driving car “will make lane changes, select forks to follow your navigation route, navigate around other vehicles and objects, and make left and right turns.”

Notwithstanding, Tesla recommends that owners of self-driving cars “use additional caution” and “remain attentive” when utilizing the feature. Tesla adds that vehicles do not become “autonomous” and drivers should not become “complacent.”

It remains unknown why the Tesla technology did not identify the motorcyclist with its camera system and sensors. Better technology would’ve prevented this fatal accident.

Tesla driver using autopilot mode charged with vehicular homicide in death of motorcyclist | Fox Business

/blog/tesla-under-fire-over-fatal-crash-involving-their-model-s-and-a-tractor-trailer-truck/