Negligent Infliction of Emotional Distress

December 3, 2019

Sandy Hook families’ lawsuit against gun manufacturer proceeds: Supreme Court declines to intervene in Connecticut action

One of the most horrific mass shootings in the nation’s history occurred at Sandy Hook Elementary in Newtown, Connecticut. The shooter killed 20 children, all between the ages of 6 and 7, as well as 6 adults before killing himself. The families of those killed have brought a number of legal actions in response to the devastating losses they sustained on November 30, 2012.

Parents of children killed have brought several legal actions under various legal theories. One of the successful suits was against the shooter’s mother’s estate. Since she was also killed in the rampage, her estate was liable for injuries resulting from her negligent acts that contributed to the killing. The plaintiff’s claimed she negligently kept a Bushmaster AR-15 unsecured, allowing her troubled son access to the weapon. The parties settled for $1.5 million to be divided among the plaintiffs.

One family brought suit against the town and school district, alleging the school was unprepared and the response was insufficient. The trial court dismissed the case in 2018, ruling that the situation was so unexpected, intense, and wildly dangerous that hindsight regarding safety protocols could not be deemed negligent.

April 7, 2017

Massachusetts Appeals Court Holds Personal Injury Claim Barred by Release

by Neumann Law Group

A plaintiff was injured while playing in an ultimate frisbee league game at an athletic facility owned by the defendant. His wife and he filed a complaint against the defendant, with the plaintiff claiming negligence, his wife claiming loss of consortium, and both plaintiffs claiming negligent infliction of emotional distress. The defendant answered and made a counterclaim for indemnification against the plaintiff.The judge allowed the defendant’s motion for summary judgment on both of the plaintiff’s claims, ruling that he waived the claims by signing a release of liability when he registered to play in the ultimate frisbee league. The wife’s claims proceeded to a three-day jury trial. At the close of evidence, the same judge entered a directed verdict for the defendant on its indemnity counterclaim against the plaintiff, and the jury then returned a verdict for the defendant on the wife’s claims. Both plaintiffs appealed. The husband challenged the judge’s allowance of the defendant’s motions for summary judgment and a directed verdict and the judge’s award of attorney’s fees and costs. The wife challenged the judge’s allowance of two motions in limine made by the defendant. Discerning no error in any of these rulings, the Massachusetts Court of Appeals affirmed.

November 18, 2016

Massachusetts Family Collects Damages Over Father’s Botched Burial

by Neumann Law Group

A Hampshire Superior Court jury recently awarded $150,000 to the children of Lincoln White, Sr., a Korean War veteran whose funeral was mishandled by Ryder Funeral Home after Mr. White passed away in May 2014. The state Attorney General’s office has also filed a lawsuit, alleging that 74 customers were defrauded by Ryder Funeral Home and are owed money for services not performed. The funeral home has since been shut down and taken over by Jay Czelusniak.Following a trial before Judge Mark D. Mason, jurors found the former South Hadley funeral home and its owner, William Ryder, negligently handled the burial of Mr. White. The jury awarded $50,000 to each of Mr. White’s children. The family’s lawyer said that the damages will not undo the emotional pain his clients suffered due to the botched burial, but they at least were able to hold Mr. Ryder accountable.

October 19, 2016

Family of Murdered Massachusetts High School Teacher Sues for Wrongful Death

by Neumann Law Group

Roughly three years ago, Danvers High School teacher Collen Ritzer was raped and murdered by a student. Her family recently filed suit in Essex County Superior Court against the town of Danvers, Massachusetts and the Danvers School Department. The Ritzer family seeks answers to numerous questions related to the horrific events resulting in their daughter’s death in October 2013.

Ritzer was 24 at the time of her death. She was in her second year teaching math at Danvers High School. Her assailant was a new student at the school, recently having moved from Tennessee to Danvers. He was a student in Ritzer’s freshman math class.

July 13, 2016

Massachusetts Parents File Wrongful Death Action Following Daughter’s Choking at Party

by Neumann Law Group

The parents of a Somerset, Massachusetts girl who choked on a marshmallow at a party have filed suit against the host family for wrongful death. The lawsuit was filed on July 11 and seeks undetermined pecuniary damages. The complaint alleges that their daughter would still be alive if not for the hosts’ negligence.Azriel Estabrooks died at Hasbro Children’s Hospital in April. The girl was taken to the Providence, Rhode Island hospital for specialized treatment after being found unconscious at a friend’s birthday party. She was hospitalized for seven days before she passed away. Ariel was 11.