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MASSACHUSETTS INJURY LAWYER BLOG

Six-Figure Jury Verdict Against Asbestos Manufacturer Set Aside by Connecticut Supreme Court

December 18, 2017/in Personal Injury, Product Liability, Wrongful Death/by Neumann Law Group

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 […]

Massachusetts Federal Court Holds Prisoner Tort Claim Barred by Statute

December 11, 2017/in Federal Tort Claims Act/by Neumann Law Group

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 […]

Massachusetts Appeals Court Holds Manufacturers Not Liable for Truck Accident Death

December 4, 2017/in Negligence, Wrongful Death/by Neumann Law Group

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 […]

Massachusetts District Court Refuses to Amend Complaint in Medical Malpractice Case

November 20, 2017/in Medical Malpractice, Negligent Supervision, Wrongful Death/by Neumann Law Group

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 […]

Appeals Court Holds Bicycle Collision Case Barred by the Massachusetts Torts Claims Act

November 13, 2017/in Government Immunity, Negligence, Negligent Supervision/by Neumann Law Group

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 […]

Appeals Court Holds City Exempt from Suit Under Massachusetts Torts Claims Act

November 6, 2017/in Assault, Battery, Gross Negligence/by Neumann Law Group

A 28-year-old man was seriously injured when a Somerville resident shot him in the neck, paralyzing him from the neck down. His family filed suit for negligence, arguing that the gun the shooter used had been wrongly returned to the shooter by the Somerville police department and the city of Somerville. The police department had […]

Massachusetts Appeals Court Rejects Indemnification for Subcontractors Following Construction Accident

October 10, 2017/in Construction Accidents, Indemnification, Negligence/by Neumann Law Group

A defendant and a third-party plaintiff, C M & B, Inc. (CMB), a general contractor, appealed from a judgment dismissing its indemnification and related claims against its subcontractors Ferreira Concrete Forms, Inc. (Ferreira), and Laserdig. The trial judge ruled, among other things, that the indemnification claim was barred by a governing Rhode Island statute. The […]

Family of Former Patriots Player Sues NFL for $20 Million After Tests Reveal Severe CTE

October 10, 2017/in Negligence, Sports Injury, Wrongful Death/by Neumann Law Group

A $20 million federal lawsuit has been filed against the NFL and the New England Patriots on behalf of the former fiancee and daughter of Aaron Hernandez, who committed suicide this year while serving a murder conviction. The lawsuit was filed the same day it was revealed that Hernandez had suffered from chronic traumatic encephalopathy (CTE).Doctors […]

State Supreme Court Holds Firefighter’s Rule Should Not Extend Beyond Premises Liability

October 3, 2017/in Negligence, Premises Liability/by Neumann Law Group

A plaintiff, while working as a police officer, responded to a call at the home of the defendant. The call indicated that the defendant had locked himself inside the house and was threatening to hurt himself. After arriving at the home and making numerous requests of the defendant to enter, the plaintiff ultimately attempted to […]

State Appeals Court Upholds Ruling for Plaintiff Following Hospital Slip & Fall

September 21, 2017/in Personal Injury, Premises Liability, Slip & Fall/by Neumann Law Group

A Connecticut resident filed suit for negligence after injuring herself while walking to the Danbury Hospital parking lot. She prevailed during a bench trial, and the defendant appealed. The Connecticut Court of Appeals affirmed the lower court’s decision, which may be interesting to Massachusetts slip and fall claimants as well.In June 2010, the victim and […]

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