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Articles Posted in Evidence

When a plaintiff files a civil lawsuit seeking damages for harm allegedly caused by an accident, the plaintiff places his or her health at issue. Thus, the defendant in the lawsuit is permitted to seek evidence regarding the plaintiff’s health prior to and after the accident, which can include examinations by a neutral third party. Recently, a Massachusetts court discussed what examinations a defendant is permitted to request in a case in which the plaintiff alleged injuries caused by a car accident. If you were injured in an accident caused by another party, it is advisable to speak to a zealous Massachusetts personal injury attorney regarding what steps you may be able to take to protect your rights.

Factual History

It is reported that the plaintiff suffered injuries when she was riding as a passenger in a car that was involved in an accident. She subsequently sued the driver of the car for damages, alleging in part that she suffered a closed head injury due to the defendant’s negligent driving. Following the accident, the plaintiff had to be hospitalized three times for the management of anxiety, depression, and substance abuse. She subsequently underwent an evaluation with a neuropsychologist who stated that her recent mental health symptoms were consistent with a traumatic brain injury.

Allegedly, the plaintiff also identified an expert who would testify as to the plaintiff’s loss of earnings due to the accident. The defendant moved to compel the plaintiff to undergo two separate independent evaluations, one by a neuropsychologist and one by a vocational expert. The plaintiff opposed the defendant’s motion, arguing that the defendant should rely on the evaluations produced by the plaintiff.

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Generally, when a customer is injured while shopping at a business, it is due to a dangerous condition. Although a customer injured by a dangerous condition at a business can pursue damages from the business, in most cases, the business will only be deemed liable if it knew or should have known of the dangerous condition that caused the customer’s harm. This was discussed in a recent Massachusetts case in which the court dismissed the plaintiff’s claims due to insufficient evidence that the defendant knew of a foreseeable risk of harm. If you suffered personal injuries due to a dangerous condition at a business, you should meet with a trusted Massachusetts personal injury attorney to discuss whether you may be able to pursue a claim for damages.

Factual Background

It is reported that the plaintiff visited the defendant’s store to shop for groceries. When she entered the store, she took a shopping cart. She placed a newspaper in the cart and noticed it was slightly wobbly, but did not exchange it for another cart. When she was emptying the shopping cart at the check-out counter, the weight of the shopping cart shifted, and the cart fell on top of her, causing her to sustain injuries. She subsequently filed a lawsuit against the defendant, arguing the defendant was negligent for allowing customers to use a defective shopping cart. The defendant moved for summary judgment, arguing that the plaintiff could not establish the elements of negligence as required to recover damages.

Proving Liability for a Dangerous Condition at a Store

Under Massachusetts law, an owner of a store has a duty to maintain its premises in a reasonably safe condition in consideration of all of the circumstances, including the likelihood of injury to others, the seriousness of a potential injury, and the burden of eliminating the risk of injury. Pursuant to that duty, store owners must guard against risks of harm that are foreseeable. In other words, a store owner must prevent risks of harm that it knows about or reasonably should know about, and which can be diminished via reasonably preventative measures.

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Many sports and activities present an inherent risk of harm, and the people who engage in those activities are deemed to consent to the risk of the type of injury ordinarily caused by such activities. If a person engages in a reckless act during such an activity, though, they may potentially be held liable for the harm caused by the act. The appeals court of Massachusetts recently assessed the standard for imposing liability on a person for harm sustained during a sporting event, in a case in which a hockey player sustained significant injuries. If you sustained injuries due to the reckless acts of another person, it is in your best interest to consult an experienced Massachusetts personal injury attorney to discuss what compensation you may be owed.

Facts Surrounding the Plaintiff’s Injury

It is reported that the plaintiff was injured during a hockey game, that was held during a championship tournament.  The plaintiff, who was 17 years old, was checked into the boards by a player from the opposing team. It is disputed as to whether the hit was a charge, in violation of hockey rules. After the hit, the plaintiff fell to the ice and temporarily lost consciousness. While he was on the ice, his wrist was sliced by the blade of another player’s ice skate. The plaintiff subsequently suffered a partial permanent loss of his right hand, which was his dominant hand. He then filed a lawsuit against numerous defendants, including the player that struck him, alleging claims of recklessness and negligence. The defendants filed motions for summary judgment, which the court granted. The plaintiff appealed.

Liability for Harm Suffered During a Sporting Event

On appeal, the court noted that generally, issues of recklessness and negligence are issues for the jury, but when it is clear based upon the evidence of record that no rational interpretation would permit a finding of negligence, judgment in favor of the defendants is proper. The court stated that with regards to liability arising out of an act committed during a sporting event, participants engaged in such events have a duty to refrain from engaging in reckless acts.

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Slip and fall accidents are a common cause of personal injury in Massachusetts. While a slip and fall accident can occur anywhere, some businesses, such as grocery stores and restaurants, experience a greater number of slip and fall accidents due to the increased likelihood of a by debris or liquid on the floor, causing a dangerous condition. As demonstrated in a recent Massachusetts appellate court case, regardless of where a fall occurs, a plaintiff seeking to recover damages in a slip and fall lawsuit must produce sufficient evidence to establish that the defendant could have prevented the plaintiff’s harm and, therefore, should be held liable for the plaintiff’s injuries. If you were injured in a slip and fall accident in Massachusetts, it is prudent to speak with an assertive Massachusetts slip and fall attorney to discuss what claims you may be able to pursue.

Facts and Procedure of the Case

It is reported that a surveillance video showed a child dropping a bottle on the floor of an aisle of the defendant’s grocery store. Approximately three minutes after the child dropped the bottle, the plaintiff fell in the same area. The plaintiff did not see anything on the floor prior to the fall, but after she fell, she observed a brown, sticky substance on the ground. The plaintiff sustained injuries to her shoulder, knee, and hip in the fall and subsequently filed a negligence claim against the defendant.

Allegedly, there was no evidence introduced at trial that the defendant had knowledge of the substance prior to the plaintiff’s fall, but its employees were trained to inspect the aisles for spills or other hazards, and if they discovered a spill how to prevent harm prior to when the spill was cleaned. A jury found in favor of the plaintiff, awarding her $50,000. The defendant appealed, arguing that the trial court erred in instructing the jury regarding constructive notice or mode of operation.

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It is not uncommon for a victim who has suffered injuries to name more than one defendant in a civil lawsuit. While naming multiple defendants allows a plaintiff to seek compensation from anyone liable for his or her harm, it may present issues in resolving claims against the defendants individually. This was demonstrated in a recent personal injury case decided by a Massachusetts appellate court, in which the court vacated a defendant’s order for certification of separate and final judgment. If you suffered harm due to the negligence of multiple parties, it is in your best interest to meet with a knowledgeable Massachusetts personal injury attorney to assess the claims that you may be able to pursue.

Factual Background of the Case

The plaintiff was a tenant of the defendant property owner. The stove in the plaintiff’s apartment was defective, but, rather than replace it, the defendant property owner hired the defendant repair company to repair the stove on three different occasions. The defendant repair company ultimately advised the plaintiff that the stove was fixed. When the plaintiff attempted to light the pilot light after it went out, however, he suffered severe burns on his right hand. He subsequently filed a lawsuit against both defendants.

The plaintiff and the defendant repair company reached a settlement and executed a release. The defendant repair company then filed a motion for entry of a final and separate judgment. The defendant property owner opposed the motion on the grounds that it was not warranted and that he had outstanding claims for indemnification. The judge granted the motion regardless, and the defendant property owner appealed.

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Car accidents are common in Massachusetts, and people involved in car accidents often sustain injuries and property damage. Thus, in many cases, a person who incurs damages due to a car accident will pursue claims against one of the drivers involved in the accident. There are numerous categories of damages a person can recover following a car accident, including damages for pain and suffering. Recently, the Appeals Court of Massachusetts discussed what a plaintiff must prove to recover damages for pain and suffering following a car accident, under Massachusetts law. If you suffered harm due to a car accident, it is advisable to speak with a diligent Massachusetts personal injury attorney regarding what damages you may be able to recover from the party that caused your harm.

Factual and Procedural Background of the Case

Allegedly, the plaintiff was riding as a passenger in a vehicle owned by a Vermont resident, when they were involved in an accident with a driver from Massachusetts. The plaintiff reportedly sustained injuries in the accident and subsequently asserted claims against the Massachusetts driver, the Vermont driver, the insurance company of each driver, and his own insurance company. Subsequently, each of the plaintiff’s claims was dismissed,with the exception of the negligence claims against each driver. A jury found that the Massachusetts driver was negligent but that her negligence was not the cause of the plaintiff’s alleged harm and, therefore, entered judgment on her behalf. The plaintiff appealed.

Recovering Damages for Pain and Suffering Following a Car Accident

On appeal, the court noted that during the trial, the plaintiff expressed that he was only seeking damages for pain and suffering from the Massachusetts driver. As such, he was required to prove his injuries met one of the enumerated threshold requirements set forth under Massachusetts law. Specifically, in Massachusetts, a plaintiff can only recover damages for pain and suffering in a lawsuit arising out of a motor vehicle collision in certain circumstances, which includes when the plaintiff’s medical expenses exceed $2,000.00.

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In Massachusetts, property owners generally have a duty to maintain their property in a reasonably safe condition for any lawful visitors. There are exceptions to the general rule, however, such as when the harm presented by a dangerous condition is open and obvious. Recently, the Appeals Court of Massachusetts discussed the open and obvious exception to a property owners’ duty to warn of hazardous conditions, in a case in which a child was injured while using a zip line. If you or your child were injured on someone else’s property, it is wise to meet with a seasoned Massachusetts personal injury attorney to discuss what you must prove to establish liability.

Factual Background

Allegedly, the older brother of the minor plaintiff spent the night at the home of the defendants. The next day, the minor plaintiff, who was six years old, accompanied his father to the home of the defendants to pick up his brother. When they arrived at the defendants’ home, the minor plaintiff noted a zip line in the backyard.

Reportedly, the minor plaintiff asked his father if he could use the zip line. The father lifted the minor plaintiff onto the zip line and guided him for a few feet and then let him go. The minor plaintiff fell shortly after that, sustaining multiple fractures. The minor plaintiff’s mother instituted a negligence claim against the defendants on behalf of the minor plaintiff, arguing that the zip line was unreasonably dangerous. The defendants filed a motion for summary judgment, which the trial court granted. The plaintiffs appealed. On appeal, the court affirmed.

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Under Massachusetts law, even if a party obtains a successful verdict at trial, the other side has the right to appeal. As with all civil pleadings, however, if a party fails to file a notice of appeal within the time required by law, it may result in a dismissal of the appeal. In a recent personal injury case decided by the Appeals Court of Massachusetts, the court explained what constitutes excusable neglect that would permit a party to file a late notice of appeal. If you suffered personal injuries due to someone else’s negligence, it is in your best interest to meet with a Massachusetts personal injury attorney adept at helping injured parties recover compensation to discuss your case.

Factual and Procedural History of the Case

It is alleged that the plaintiff suffered hip injuries while working at a site owned by the defendant.  He subsequently filed a personal injury lawsuit against the defendant. A jury found in favor of the plaintiff, and the defendant filed a motion for a new trial. The court denied the motion. Pursuant to the rules of appellate procedure, the defendant had thirty days to file a notice of appeal. The defendant did not file a notice, however, until eight days after the deadline had passed. The court permitted the late notice of appeal, after which the plaintiff appealed the order allowing late notice.

Excusable Neglect Permitting Late Filing

Pursuant to the Massachusetts Rules of Appellate Procedure, a party appealing a civil case is required to file a notice of appeal within thirty days of when the court enters a judgment or order denying a motion for a new trial. If a party misses this deadline, the court can only permit a motion for leave to file a late notice of an appeal if the party demonstrates excusable neglect. Excusable neglect is only meant to apply in extraordinary or unique circumstances, and not merely a delay caused by everyday oversight. Rather, excusable neglect should only be a valid explanation when it is required to remedy emergency situations.

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When a person dies in a truck accident, the person’s loved ones will often pursue a wrongful death claim against the party that caused the crash. As commercial truck drivers have duties and obligations that go beyond the understanding of the average layperson, in many truck accident cases, the parties will rely on experts to offer testimony regarding whether the truck driver breached the duty of care. There are limits as to what an expert can testify to, however, and as shown in a recent wrongful death case decided by a Massachusetts appellate court, if the expert exceeds his or her permitted scope, his or her testimony may be stricken. If you lost a loved one due to someone else’s negligence, you should consult a skilled Massachusetts personal injury attorney to discuss what damages you may be able to recover.

Factual and Procedural Background of the Case

It is reported that the plaintiff’s decedent was riding a motorcycle when he was struck by a commercial truck entering the roadway. The truck was driven by the defendant driver and owned by the defendant trucking company. The decedent ultimately died from his injuries, and the personal representative of his estate filed a wrongful death suit against the defendants. Following a trial, a jury found in favor of the defendant. The plaintiff subsequently moved for a new trial, arguing, in part, that the trial court erred in excluding portions of the plaintiff’s expert’s testimony.

Permissible Scope of Expert Testimony

In Massachusetts, a trial court judge has ample discretion regarding what expert testimony he or she admits. Thus, an abuse of discretion will only be found in cases in which, after considering any relevant factors, the judge’s decision is beyond the range of reasonable alternatives and constitutes a clear abuse of discretion.

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