In urban environments, many modes of transportation are used to get from one place to another. Roadways are often shared by pedestrians, different sizes of vehicles, and bicycles. However, pedestrians and cyclists are the ones who have the greatest risk of a catastrophic injury if they are struck by a…
The Massachusetts Appeals Court reviewed an appeal by an ex-husband to quiet title on a mortgage taken out by his ex-wife in 2002 for property that they co-owned. In Poulos vs. Financial Freedom (14-P-1287), the husband appealed, seeking to reverse a summary judgment issued in favor of the lending institution…
In two recently released companion cases, DiCarlo v. Suffolk Construction (SJC-11854) and Martin v. Angelini Plastering, Inc. (SJC-11853), the Supreme Judicial Court reviewed whether or not liens could be placed on the recovery the injured worker receives that was paid to him or her in employee benefits. As discussed previously,…
In a Massachusetts personal injury case, the injured party must meet his or her burden of proof in order to successfully obtain damages from the at-fault party or parties. Different court proceedings require different levels of proof. Criminal cases place a high burden on prosecutors to show the defendant is…
During the course of your career, you are likely to have several different jobs under different employers. Injuries can occur at any of these positions, particularly ones that may exacerbate older injuries sustained during previous employment. Workers’ compensation insurance companies have often disagreed on who is responsible for paying benefits,…
In a recent Reviewing Board Decision, Harris vs. Plymouth County (BD. NO. 005307-06), the Reviewing Board looked at whether death benefits under Massachusetts workers’ compensation laws should have been awarded to the spouse of the deceased employee. The employee worked for a self-insured employer as a case-worker when he suffered…
In a recent decision, Amaral vs. Seekonk Grand Prix Corp. (13-P-1848), the Commonwealth’s Appeals Court reviewed whether or not General Law, Ch. 21, Section 17C(a) barred a claim of negligence by a mother who was injured by a runaway go-cart while watching her sons. This law is known as the…
In Massachusetts, a testator can include an “in terrorem” clause that creates a large disincentive for any beneficiary to challenge the validity of the will. In this clause, the testator declares that anyone who contests the will as a whole, or a provision of the will, forfeits his or her…
Defense tactics in personal injury litigation in Massachusetts can get aggressive. In a recently issued Massachusetts Appeals Court opinion, Anderson v. Nat’l Union Fire Ins. Co. (14-P-1554), a severely injured man waited 10 years for an award of over $3 million. Even after this delay and the subsequent payment, the…
Whenever you visit businesses in Massachusetts, the owners and managers of the property are expected to keep the premises reasonably safe for customers and members of the public. If a business fails to do so, they could be held liable for damages suffered by anyone injured. The injured party must…