Law360’s Tort Report: Whitey Bulger’s Kin Sue Over His Death – Law360

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Law360 (November 9, 2020, 4:24 PM EST) — A lawsuit over the prison beating death of notorious mobster Whitey Bulger and new legislation in Virginia shielding nursing homes from coronavirus suits lead Law360’s Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Bulger’s Family Sues Over Prison Beating Death

The family of James “Whitey” Bulger has filed a lawsuit against the Federal Bureau of Prisonsover the mobster’s October 2018 murder at a West Virginia federal penitentiary.

The family on Oct. 30 lodged a suit accusing the bureau of negligently and intentionally putting Bulger in harm’s way by transferring him to U.S. Penitentiary Hazelton, where he was murdered within a few hours of his arrival.

The 89-year-old Bulger was serving two life sentences after being convicted of murder in 2013 for killing 11 people during his decadeslong tenure as a South Boston gangster who also served as an FBIinformant. The family says in the complaint that he was also falsely accused of being a pedophile by a former criminal associate, making him a target of fellow prisoners who attack “snitches” and “chomos,” or child molesters.

“It is well known by law enforcement, prosecutors, and correctional officers that an inmate who is labeled either a ‘snitch’ or a ‘chomo’ is particularly at risk and such a label can be a death sentence at the hands of inmates who are duty bound in prison culture to attack either ‘snitches’ or ‘chomos’ on sight,” the complaint says.

“Predictably, within hours of his placement in general population at Hazelton, inmates believed to be from New England and who are alleged to have Mafia ties or loyalties, killed James Bulger, Jr. utilizing methods that included the use of a lock in a sock-type weapon,” the complaint says.

The suit was filed under the 1971 U.S. Supreme Courtruling Bivens v. Six Unknown Named Agents , which allows people to collect monetary damages if their constitutional rights have been violated by a federal officer and no alternative legal remedy exists.

The case is William M. Bulger v. John/Jane Does 1-30, case number 3:20-cv-00206, in the U.S. District Court for the Northern District of West Virginia.

Va. Gives COVID-19 Immunity to Assisted Living Facilities

Virginia Gov. Ralph Northam has enacted a law that provides a civil liability shield for assisted living facilities and senior care centers in connection with coronavirus-related injury and wrongful death suits.

Following a special legislative session, the Democratic governor signed HB 5059 into law on Oct. 13. The bill states that assisted living facilities, hospices, adult day care centers and home care organizations can’t be held liable for injuries or deaths related to COVID-19 exposure unless it can be established that a defendant committed gross negligence or willful misconduct. The novel coronavirus has killed 3,713 people in the Old Dominion State as of Monday, according to state figures.

The governor had issued an executive order in April providing a coronavirus liability shield for health care providers, including skilled nursing facilities, but the new law extends the safe harbor to other types of senior care providers.

The measure is retroactive to March 12 and remains in effect for the duration of the state’s health emergency.

City Inks $28M Deal to End Suit Over Woman Killed by Tree

A California state judge has approved a $28 million settlement to resolve a suit accusing the city of Whittier of causing a grandmother to be crushed to death by a massive tree while she and her family were taking wedding photos at a local park, the plaintiffs’ attorney confirmed.

A Los Angeles County Superior Court judge on Oct. 23 signed off on the deal to resolve a suit brought by 19 family members accusing the city failing to take appropriate action despite knowing that a giant eucalyptus tree had advanced rot and visible decay, which caused it to fall, crush Margarita Mojarro to death and injure several other family members, including a 3-year-old boy who suffered brain damage.

“Any qualified arborist inspecting the tree according to the appropriate standard of care in the industry would have probed the visible decay column and concluded that the decay extended down into the roots,” the complaint stated.

The suit said that despite the tree’s decayed condition, the city overwatered it and allowed it to grow on an unsafe grade of 20%.

An attorney for the family, Brian Leinbach, told Law360 on Friday that he believes the deal, which does not include pending claims against a tree inspection company hired by the city, to be the largest settlement against a California municipality since the start of the pandemic.

“Although the … families continue to feel profound loss as a result of the tree falling, the amount of money paid by the city is an acknowledgement of responsibility,” he said. “In truth, no amount of money can bring back family members or fully compensate our clients for their life-long injuries and damages.”

The case is Irma Mojarro et al. v. City of Whittier, case number BC656449, in the Superior Court of the State of California, County of Los Angeles.

NJ Transit Sued Over Conductor’s Virus Death

The family of the first New Jersey Transitemployee to die from COVID-19 has filed a suit accusing the transportation agency of failing to implement proper safety protocols, according to news reports.

Denise Hansen lodged a suit on Oct. 22 in Essex County Superior Court alleging that NJ Transit failed to follow state and federal health guidelines regarding social distancing and use of personal protective equipment, which led to the death of her husband, Joe Hansen, 62, from the coronavirus, news reports said.

An attorney for Hansen did not immediately respond to Law360’s request for comment.

The Federal Employers’ Liability Act suit, which seeks both compensatory and punitive damages, also claims that Joe Hansen’s supervisors did not properly monitor the employee’s work site or otherwise implement best practices for a safe work environment.

Case information was not immediately available.

Texas Judge Awards Sex Assault Victim $19M

A Texas state judge has awarded $19.1 million in a suit accusing a massage therapist of sexually assaulting a man during an August 2018 deep tissue massage session, according to attorneys for the plaintiff.

The default judgment was rendered by a Travis County judge against Massage Harmony in Austin in a suit seeking to hold the massage studio liable for a therapist who forcibly performed oral sex on the unnamed customer, his attorneys said on Oct. 21.

An offer to settle the case for the company’s $500,000 insurance policy limits was rebuffed by the insurer, according to the plaintiff’s lawyer, Nick Merz of Carlson Law Firm.

“We hoped the judge would be willing to send a clear message to both victims of sexual assaults, as well as local businesses,” Merz said. “For victims like our client, these assaults cause damages that have lifelong effects, and the judge clearly recognized what these types of injuries represent and their value.”

Case information was not immediately available.

–Editing by Jill Coffey.

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