In a recent case (15-P-1563), the Massachusetts Appeals Court reviewed a wrongful death lawsuit filed by the estate of a deceased infant, alleging the health care providers negligently performed their duties and led to the death of the infant. The case went to trial, ending with a verdict for the defendants. The estate…
Duty is a term that one may hear frequently in a personal injury lawsuit. In any negligence action, it is one of four elements that must be proven at trial to hold a defendant liable for her, his, or its actions. The duty to act in a certain manner to…
The Massachusetts Appeals Court recently assessed a summary judgment in favor of the defendant manufacturer in Niedner vs. Ortho-McNeil Pharmaceutical, Inc. (No. 15-P-1272). The estate filed suit against the makers of a birth control device that was prescribed and taken by a deceased college student. The woman was first prescribed an…
Breach of duty and causation are two of the main elements to prove in personal injury lawsuits. Even if a breach occurred, it must also be the cause of the alleged injury. In Milambo vs. Catlin (15-P-687), the Appeals Court of Massachusetts reviewed a wrongful death lawsuit brought by the…
Soon after a lengthy personal injury trial, the unsuccessful party can move for a Judgment Notwithstanding the Verdict and for a new trial, claiming that the evidence did not support the verdict handed down by the jury. This occurred in a recently issued Massachusetts Appeals Court decision, Ellis vs. Peter…
When an at-fault party is faced with a lawsuit, they will raise any and all legal defenses available to avoid liability. In all litigation, courts attempt to avoid duplicative processes to provide efficient and effective justice. The legal doctrines of res judicata and collateral estoppel bar re-litigating claims or issues…
Recently, the Supreme Judicial Court weighed whether or not an affidavit submitted by an administrator of an estate had to be based on personal knowledge. In Bayless vs. T.T.S. Trio Corp., (474 Mass. 215), the estate filed suit for a man who died after a solo car accident, which occurred…
When medical malpractice lawsuits go to trial, both sides will likely use expert witnesses to aid in the presentation of their case. In order to recover damages in any medical malpractice case, the injured party or family of the deceased person must show that the injury was the result of…
Recently, the appellate court of Massachusetts reviewed an appeal from the parents of a deceased delivery driver who was murdered while working for a Domino’s franchise. In the case, Lind v. Domino’s Pizza LLC (14-P-928) the parents appealed the trial court’s decision to dismiss the claims against the pizza corporation…
If you or a family member has suffered an injury while working in construction, there may be multiple legal routes to obtaining monetary relief. Typically, an injury is covered by workers’ compensation insurance held by the employer, but the injured person may also hold other parties accountable through personal injury…