The Massachusetts Supreme Court recently decided a case about the duty of care that psychiatrists and psychiatric hospitals have to people who may be harmed by current or former patients. Specifically, in this case a man was involuntarily committed to a psychiatric hospital after acting bizarrely and making threats of violence toward family members. After […]
If you are injured at work, you may be eligible for workers’ compensation, and potentially other damages. However, for workers’ compensation purposes, you must be classified as an employee instead of an independent contractor. There are different tests that courts use to determine whether someone is an independent contractor or an employee. The Massachusetts Supreme […]
A resident of a public housing development in Framingham was seriously injured after slipping and falling on the stairs. He filed a claim for damages against the Framingham Housing Authority, Musterfield Place, LLC, (a “controlled affiliate” of the housing authority), and the managing agent of the property. The owner and managing agent of the property […]
Unfortunately, bullying happens in schools all over Massachusetts every day. The Massachusetts Supreme Judicial Court issued a ruling earlier this year that clarifies who can be sued when a student suffers physical injuries from bullying. In the case at issue, an elementary school student was pushed down the stairs by a classmate in an act […]
If you have been injured by a faulty medication, you may be able to hold the drug company accountable for your injuries if your case meets certain standards. The Massachusetts Supreme Court recently heard a case regarding drug companies and their responsibilities regarding generic drugs and the required labeling. The court held that cases against […]
A six-figure jury verdict against the manufacturer of an adhesive product called FM-37 was recently set aside by the Connecticut Supreme Court. The plaintiff sought to recover damages under the Connecticut’s Product Liability Act (CPLA) for the wrongful death of the decedent, claiming negligence and strict liability. The plaintiff contended that the decedent was exposed […]
In a Massachusetts tort case, a prisoner who was incarcerated at FMC Devens filed a pleading captioned as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. He alleged that while he was incarcerated at FCC Butner, prison staff members negligently failed to secure his personal property while he was in […]
A Massachusetts farmer owned a dump truck for hauling soil. One morning in April 2009, he was seen at his farm working on the truck. Later that day, he was found dead underneath it, with his clothing caught up in a spinning universal joint (U-joint) that was part of the mechanical system used to tilt […]
A plaintiff, in his capacity as the personal representative of the estate of a victim, brought a Massachusetts nursing home negligence action against Park, Marion, and Vernon Streets Operating Company, LLC d/b/a Brookline Health Care Center (BHCC), and John Doe Physicians and Jane Doe Nurses. As alleged in the complaint, as a result of the […]
A recent case arose from a bicycle collision on the Cape Cod Rail Trail between a child on a supervised school field trip and a passing cyclist. The injured cyclist and his wife appealed from a Superior Court judgment entered on the defendants’ motion for summary judgment, dismissing their negligence claims against the town of […]