Commonwealth vs. Robert Mitchell, Brookline MA Attorneys

Suffolk indictments 075270 and 075271 was a case involving the infamous “Towing Scam”. This story became sensational news covered in depth by television and the Globe and Herald who greatly blew it out of proportion. It was reported that hundreds of cars were towed illegally in the hopes working a scam to make more money.

From these allegations, a grand jury investigated the incident and deemed that there was a level of “wrong doing” after the news stories fueled the investigation. They then handed down 300 indictments. At this time, our client Robert Mitchell, was working for the Boston Public Works Abandoned Vehicle Towing Program to which he was suspended without pay.

As the defense council for Mitchell, Attorney Houlihan tried these two indictments separately with Attorney Kraft; together they successfully won two acquittals. Following the trial, they were also able to obtain reinstatement of Mr. Mitchel to his same employment position including reimbursement of lost salary at the Boston Works Abandoned Vehicle Towing Program.

Furthermore, they were also able to have the Globe write another article covering the two not guilty findings in order to repair the damage to Mr. Mitchell’s reputation that was caused by their false stories. This was not just a win for us, but a massive win and vindication of our client.

If you have legal issues, please call us at (617) 277-3477 for a consultation today. You have one day in court, you can’t afford to have anyone else fight for you except for the best.

A Divorce Case By Attorney Bruce Kraft

Going through a divorce is tasking; it can be both emotionally and physically draining and can drag on for a substantial amount of time. Splitting marital assets can add to the stress, and if a child is involved, the complexity of the situation is tenfold. We can help you through these times and walk you through the complex laws.

Take our case Mahalingam vs. Mahalingam, a divorce involving a child. This complex and contentious divorce case was successfully resolved for Attorney Kraft’s client after more than ten pretrial court appearances, and a four-day trial. Disputes between the two parties required the resolution of issues involving: child custody; visitation; education; division of marital assets; child support and alimony.

The case also involved a complex jurisdictional issue because the opposing party, the father, had moved to New Hampshire, and was seeking to have the child deemed a New Hampshire resident to better his custody, visitation, education, child support, and alimony.

Attorney Kraft successfully argued that Massachusetts appropriately retained jurisdiction of the case and over the child was still a resident of Massachusetts and those laws still applied to him. The father’s requests to be granted legal and physical custody, to pay minimal child support and to pay no alimony were all denied. Our client, the wife and mother of the child, had a great victory in court.

If you are going through a divorce and need a strong advocate, call (617) 277-3477 for a private and confidential consultation today.

Wrongful Death at MIT, Brookline MA

In September 1997, The Suffolk County district attorney has detailed the charges of manslaughter and hazing against the now-defunct Phi Gamma Delta fraternity. An MIT freshman Scott Krueger died from an over consumption of alcohol in which his blood level was a .401 at the time of death. He passed away at a “mandatory” fraternity event.

Criminal Defense Attorney Robert A. Kraft represented the president of the MIT fraternity in which Scott Krueger passed away in. Our representation lasted for four years and on three separate fronts. All of these fronts threatened our client both criminally and personally. A Grand Jury investigation carried the potential charge of manslaughter, MIT’s disciplinary process had a potential for expulsion from the school, and a civil action that was filed by the Krueger family.

Our job as defense counsel was to limit our client’s exposure on these three fronts. One of the key roles we needed to do was protect our client from the media. The media has a way portraying people wrongly for their own personal gain. In this case they wanted to use our client as a “poster boy” for bad fraternity behavior and how fraternities haze.

Incredibly extensive preparation and meetings with the District Attorney’s Office and detectives succeeded in the indictment of the fraternity at MIT. However, they did not succeed with our client, who faced no charges. We also prevailed at MIT’s disciplinary hearing as well as the civil case from the Krueger family which was satisfactory settled.

If you are in a situation that needs legal defense, remember you only have one shot in court and there is no time to waste. Call the law offices of Houlihan, Kraft and Cardinal at (617) 277-3477 today.

Commonwealth vs. Van Dine, Brookline MA

Several years ago, our client was an oil delivery driver. He was traveling through the streets of Boston in the Brighton area. All of a sudden, a terrible accident occurred. An elderly woman was walking down the street when our client’s truck struck her, sadly she did not survive the hit.

The Commonwealth of Massachusetts charged our client, the driver, with homicide. Commonwealth alleged that the client drove his oil truck negligently, and as a result, he had run over the elderly woman walking in the street. Bruce Kraft, our criminal defense attorney, took on this case after having years of courtroom experience.

During the course of the trial, Attorney Kraft was able to recreate the sequence of events, to show that his client had been operating his truck with due care and free of negligence.  Our client was in full control of the truck and was of clear mind when the accident occurred. He was able to show that the tragic accident was the result of the deceased walking alongside the truck on the street, and this negligent act on the part of the deceased was the sole cause of the truck knocking her to the ground and leading to her death.

There is no doubt that this was a tragic and terrible accident. However, we knew our client was not at fault and with our experience, we were able to prove that with out a benefit of a doubt. The trial judge entered a not guilty finding and our client was exonerated.

If you have any questions about criminal law or would like to speak with an experienced criminal defense attorney, call the Law Offices of Houlihan, Kraft & Cardinal today at 1 617-277-3477 or visit our contact page. We have more than 40 years of experience representing criminal defendants in the District Courts and Superior Courts throughout Massachusetts. Your consultation is free. The advice is free. And you have no obligation. Let us serve you.

$1.25 Million Personal Injury Settlement in Brookline, MA

The unfortunate reality in life is that accidents happen, whether by your fault or the gross negligence of others. In times when they are caused by others, the law in Massachusetts provides you with legal rights when you are injured due to someone else’s wrongful acts or negligence, and you can assert these rights with the help of a skilled personal injury lawyer.

After an accident, there are many things to be concerned about beyond healing and getting well again. Who will pay the medical bills? Will I get reimbursed for lost wages? How will I be compensated for my pain and suffering, scarring or permanent injuries?

This was the case for one of our clients. On that day, our client (the plaintiff) was removing items from the trunk of her vehicle. Her vehicle was legally parallel parked on the side of the road, safely out of the way from passing traffic. The defendant in this case was operating his vehicle on the same road just down the street from her.

The defendant allegedly “lost control” of his vehicle which caused it to veer to the right sharply. His vehicle slammed into another parallel parked car just behind our client. This car was pushed forward with extreme force and slammed into her car, crushing her lower extremities and pinning her between both vehicles.

The plaintiff suffered severe injuries from the impact. Both of her legs were crushed due to the negligence of the other driver. It took a multitude of surgeries and many months of rehabilitation in an effort to align the fractured bones in her legs and to assist in rejuvenating the muscles, blood flow and nerves.

For these injuries, she was awarded $1.25 million. If you have been injured by the fault of someone else and their gross negligence, call Houlihan Kraft & Cardinal today at (617) 277-3477.

$1.6 Million Wrongful Death Settlement in Brookline, MA

There is no greater pain than losing a loved one. Often this pain is compounded with the fact that they passed to early in life and never had a chance to experience all of life’s joys and moments at no fault of their own. We understand this pain as we have been down this road with many families, and we want you to know that Houlihan Kraft & Cardinal will never leave your side during this.

In one of our cases, a wrongful death claim arose from a single car crash that occurred on a back wooded road in Massachusetts. Earlier that night, a group of recent high school graduates had gathered at a friend’s house. It was alleged that alcohol was being served at this apartment house party and the insured driver had consumed alcohol there before the occurrence of the accident. Most of the young people at the party were below the legal age to purchase and consume alcohol. It was later determined that the deceased did not partake in consuming alcohol.

A group of five friends left the party and were occupants in a 2002 Nissan Maxima being operated by the defendant. The decedent was seated in the rear passenger side seat. The Massachusetts State Police collision reconstruction report investigation determined that the defendant was driving over 80mph on a 40mph road. The vehicle left the roadway in a sideways motion. Unfortunately, the right rear passenger side came in direct contact with a tree, snapping the tree in half, and crushing that side of the vehicle and the occupant, the decedent.

The decedent was the only person to sustain serious injuries as a result of the car crash. Sadly, he was pronounced dead just one hour after the impact in the hospital. The suffering of conscious pain was contested by the party.

Following the crash, the driver Robert Leist was charged with vehicular homicide by operating under the influence as well as negligent operations. The case was settled before the suit was filed. Although we can’t bring a loved one back, we can provide some closure. In this case we obtained over $1.6 million for the family.

If you have lost someone due to another person’s gross negligence, don’t hesitate; call us today at 617-277-3477 for a consultation. We will be with you every step of the way.

 

What is Commercial Law and Business Law? Attorneys in Brookline MA

Commercial Law, similar to Business Law, is the body of law that applies to the rights,  relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It can be considered part of civil law since it deals with issues of both public and private law.

Business Law and Commercial Law are two areas of legal practice that have many overlapping attributes. Commercial law focuses on the sale and distribution of goods, as well as the financing of transactions. Business law focuses on other aspects of business including forming a company, mergers and acquisitions,  shareholder rights, and property issues. So if you are a business, you will need attorneys that specialize in both forms of law.

Business law is regulated by both state and federal law. The federal level governs:

  • Investments and stocks
  • Employment law
  • Workplace safety
  • Environmental protection.

The states can add to these laws if they choose as well as pass new laws such as requiring a license for certain professions and establish rules for forming and running a business.

Commercial law is primarily regulated by the Uniform Commercial Code. The UCC is an outline of laws that govern:

  • The sale of goods
  • Lease of goods
  • Negotiable instruments
  • Secured transaction.

Like business law, all states have adopted the UCC, but they are free their own modifications to the law as they see fit.

If you are planning to start, purchase, expand, or have general questions or concerns about your existing business; give us a call today at 617-277-3477 for a free consultation.

Insurance Company Trickery- Attorneys in Brookline, MA

First and foremost, accidents happen; that’s just the way of life.  Often times these accidents are a direct result of the negligence of others, in which case you can be entitled to compensation. While in a case, there is a very good chance that you will be working with the defendants insurance company either directly or indirectly. First thing you should know, they are not looking out for your best interests.

Insurance companies have to answer to the shareholders and stockholders therefore their primary concern is the bottom line and how much in earnings they can report at the end of the year. They’re in the insurance game to make money, not just cover their customers legally.

Insurance companies understand that you just had a traumatic experience and you may not be thinking right, so it is not uncommon to low ball you right away in hopes you take the settlement. Their goal is to settle with you as fast as possible while incurring the lowest expense.  Usually these “low ball” offers are incredibly small compared to what the true value of your compensation should be. As nice as the adjuster seems, he represents the defendant and not you, the plaintiff.

It’s also wise to never give a recorded statement after the accident. The adjuster will try and get you to agree to giving a statement where they will have you explain what happened such as:

  • Injuries
  • Damages
  • Costs
  • medical treatment

    These statements are an effort to admit guilt and or negligence which can result in negative repercussions while in court.

    Insurance companies are not on your side, but we are. Because insurance companies are so sneaky, it is always wise to consult the Law Offices of Houlihan, Kraft & Cardinal. Call us today at 1-617-277-3477. The advice is free and there is never any obligation. Let us serve you and get you what you deserve.

Legal Action for Medical Malpractice in Brookline, MA.

Medical malpractice happens often – not every mistake qualifies for medical malpractice, but what types of malpractice are there? As long as there was a patient-doctor relationship involving negligence which caused damages, then the doctor may be liable.

Misdiagnosis is one of the most common types, although it can be very difficult to discern the exact disease since many problems have similar symptoms and complex diseases may have rare symptoms arise.  However, regardless of the cause, the misdiagnosis can be life-threatening, as the physician may have wasted time assuming the wrong condition was the cause.  Additionally, if the doctor fails to recognize that there is a disease at all – even if he or she is treating a separate disease – then the doctor may still be liable for failure to diagnose if it is reasonable that the doctor would have recognized it.

Even if the doctor correctly diagnoses the problem, they may still be liable if the surgery is conducted incompetently. Some anesthesiologists failed to properly estimate the necessary amount of anesthesia, where too little can cause extreme pain for the patient, but too much can cause side effects such as hallucinations, nausea and vomiting.

Just like the labeling on a product must warn of improper use, so too must the doctor inform the patient of risks and side-effects.  If the patient was not aware, and would have opted to go against the operation if they had been fully informed of the risks, then the doctor may be negligent.  This may not apply in all cases, such as if the patient needed immediate emergency attention, or if the doctor failed to advise of certain risks but there were no specific damages (such as mental or physical pain, additional medical bills or lost work), then the doctor may be excused.

If you think you’ve suffered from medical malpractice, then contact us immediately by calling the Law Offices of Houlihan, Kraft & Cardinal or inquire on our website today. Your consultation is free. The advice is free. And there is never any obligation. Let us help you.

How can you be Liable for Another Driver’s Accident? Boston, MA.

Determining who is at fault is key in a car accident. Although in many cases it may be the fault of the driver for acting recklessly or failing to exhibit a reasonable amount of caution, someone who was not driving could be at fault. In some cases, someone may be at fault even if they were not in the car at all.

For example, if your business has an employee drives a company car while on the job, then the employer is responsible for any wrongful acts that employee commits. Whether the employee drives through a red light, or collides with another car, in either case the employer is held liable. However, under the same circumstances, if the employee was not engaging in normal activities for their job – such as if the employee used the car for a personal matter – then the employer would not be held liable.

You must take responsibility to whom you lend your car. The law does not require any kind of relationship or ties between the loaner and the loanee of the car, instead it assumes that since the owner entrusted their car to the driver, that the owner believes the driver to be competent.

If a family member is in an accident while driving the family car, the owner may be liable even if the parents were not in the car, or even if the parents did not explicitly loan it to the family member at that time. Before buying a family car or allowing a family member to drive your car, ask yourself if the driver is sufficiently experienced. Think carefully about their ability to drive before lending out your car. Could the individual be too inexperienced? Could they be under the influence of any medication that could impair their driving? Are they too elderly to drive and perhaps lack the reflexes or eyesight to drive?

Was a friend or family member recently in an accident with your car?  Call us today at 1-617-277-3477 or inquire about a free consultation. The advice is free and there is never any obligation. Let us serve you.