Sour grapes at the Herald? With bonus gratuitous quote from some lawyer making accusations with no apparent facts behind them:
If he was a reporter on deadline and he's distracted and making phone calls and texting, then that's something that adds to his fault. You're not supposed to be distracted in a cab, you're supposed to focus fully on your job," said Douglas Sheff, a Boston personal injury lawyer and president-elect of the Massachusetts Bar Association.
Does the esquire have any proof the reporter was on deadline and making phone calls and texting right before the crash? If so, he and the Herald failed to produce it.