In the recent case of Milambo v. Satlin, a Massachusetts appellate court affirmed a ruling in favor of the defense in a medical malpractice case involving the stillbirth of a child. The plaintiff in the lawsuit was the father of a child who was stillborn. The baby was delivered via Caesarian…
In Weiss v. City of Cambridge, the plaintiff suffered serious injuries when she was struck by a truck as she crossed a major street. The plaintiff was crossing within the crosswalk when the driver of the truck made a left-hand turn, striking the plaintiff. She suffered serious long-term injuries to both…
In the recent case of Bowers v. P. Wile’s, Inc., the plaintiff alleged that she was injured at a garden store owned by the defendant in the Cape Cod region. According to her complaint, the plaintiff was at the store traversing a pathway in the parking lot that was roughly six…
The law of negligence provides compensation for injured parties who suffer harm as the result of another person’s negligence. This doctrine extends not only to average laypersons but also to government employees. Over time, the law of negligence as applied to government actors has developed, leading to a different standard that…
A Massachusetts appellate court recently upheld a trial court’s order granting two daughters millions of dollars in damages as compensation for enduring years of sexual abuse from their father. According to the complaint, the defendants suffered repeated incidents of sexual abuse. During trial on the matter, both plaintiffs provided thorough…
In any case involving the alleged wrongful death of the victim, the surviving heirs bringing the action must show that the defendant acted negligently at the time of the accident. This involves proving four separate elements: duty, breach, causation, and damages. In a medical malpractice case, the plaintiff typically must…
In the recent case of DiCarlo v. Suffolk Construction Co., the Supreme Judicial Court of Massachusetts was asked to consider two companion cases involving job-related injuries that involved similar issues. The first case involved an electrician who injured his back on a job site. The employer’s workers’ compensation carrier provided benefits to…
For many people, summertime is associated with recreational activities, spending time with friends, and relaxing. This often involves the consumption of alcoholic beverages. With the increase in consumption of alcohol comes an increase in the number of drinking-related accidents that occur in Massachusetts. Although motor vehicle accidents are a common…
In Parr v. Rosenthal, the plaintiff filed suit against his physician after a radio frequency ablation (RFA) procedure on the plaintiff’s minor son’s leg. According to the plaintiff’s complaint, the procedure resulted in severe burning of the child’s leg, ultimately requiring amputation of the limb. After a trial on the matter, the…
In the recent case of Belanger v. Boys in Berries, LLC, the plaintiff was patronizing a farm store owned by one of the defendants and insured by the other defendant when he tripped over a pallet on the store’s floor and fell. The plaintiff alleged in his complaint that he suffered…