Details of the crash were sparse, though a throng of neighbors rushed out of their houses when they heard the collision. One noted that it sounded like a rear-end collision but does not recall hearing the screeching of brakes. The male victim was said to have rushed to save the girl and thus received the majority of the impact from the vehicle. The girl apparently awakened during the ambulance trip to the hospital and was crying for her mother. She was subsequently reported in stable condition at Massachusetts General Hospital.

Neighbors noted that the roadway was dangerous. Other accidents have apparently occurred at the same location, though this was said to be different because it involved two pedestrians. Few details of the crash itself were disclosed, and it is unclear what caused the pickup to strike the pair. The driver is a 46-year-old Attleboro resident.

Police understandably have their work cut out for them to figure out exactly what occurred. Whatever they conclude, it cannot change the fact that one man is dead and a little girl seriously injured. If, however, it is documented that the fatal car accident was caused by the negligence of the pickup driver, the driver may face claims for wrongful death and personal injury before Massachusetts civil courts. One family has lost a man who acted heroically in saving the 4-year-old’s life, while another is praying for the full recovery of the young girl. If liability is established, damages for injuries suffered may be awarded as a means of providing financial reimbursement for the expenses and pain and suffering which was caused.

Source: Enterprise News, “VIDEOS: Witnesses recall ‘horrifying’ pedestrian crash in Whitman,” Erin Shannon, Sept. 11, 2012

Jose Torres, a 27-year-veteran of the Westfield Police Department, was working the construction detail when he was injured. He was taken to Baystate Medical Center in Springfield where he died shortly thereafter from his injuries. He leaves behind a wife and two children.

Torres had been cited at least two times during his career for heroism. He thwarted an attempted suicide in 1996 by climbing a fire escape and stopping a man from jumping. When the man jumped back through another window to escape Torres, he caused permanent scarring to the officer’s face. In 2000, Torres was charged with the responsibility of stopping speeding vehicles and barely escaped injury when he used a ‘stinger spike’ to stop a car.

The site where Torres was fatally injured is part of a water line project that is being upgraded. The accident occurred about 7:30 in the morning. OSHA investigators were at the scene shortly after the accident.

The manner in which an officer’s life is taken is irrelevant. Especially in a case like this, where the officer is known for his heroics protecting Massachusetts’ citizens, it is clear that he would do his job no matter what the danger. Whether any civil or criminal action will be filed against the construction company or other parties as a result of the fatal accident will likely depend to a large degree on the results of any formal investigations, including one conducted by OSHA.

Source: MassLive.com, “Westfield police officer killed in construction site accident identified as Jose Torres,” July 26, 2012

The man said to be behind the whole affair was convicted of first-degree murder in April 2011. He has been sentenced to life in prison without the possibility of parole. Two codefendants in that criminal proceeding copped deals with prosecutors, and one testified against the shooter at trial.

The fatal incident happened on May 18, 2009. The murderer was living in the Lowell House dormitory with his girlfriend, a Harvard student. She had apparently given him her Harvard identification card to allow him access to university buildings. The lawsuit alleges that he was running a drug business from inside Lowell House, and the victim was lured to the location and murdered, all as part of the criminal drug activities. The victim was apparently accosted for cash and marijuana, which he refused to hand over and for which he was shot dead.

For its part, Harvard denies liability and claims the victim entered Harvard property on the day of the murder solely to sell illicit drugs to individuals who had no affiliation with Harvard. While it remains to be seen what the result of this wrongful death claim will be, the law in Massachusetts recognizes the right of a victim’s surviving family to pursue monetary damages resulting from a fatality caused by the negligent or intentional conduct of another. At issue in the civil legal proceedings will be what, if any, duty of care Harvard owed to the victim under the facts and circumstances of this case as they are proven in a courtroom.

Source: The Boston Globe, “Mother of Justin Cosby, who was fatally shot in Harvard dorm, files suit against college,” John R. Ellement, May 24, 2012