In Amaral v. Seekonk Grand Prix Corp., a woman suffered injuries while observing her children operate go-carts at the defendant’s go-cart facility in Massachusetts. The injuries occurred when one of the drivers on the course lost control of the go-cart in which he or she was riding, and it crashed through…
Cape Cod Injury Lawyer Blog
NTSP Proposes Lowering BAC Limit for Drunk Drivers to 0.05%, Potentially Affecting Massachusetts Residents
Drunk driving is one of the highest causes of injuries and fatalities in the United States. According to the Centers for Disease Control and Prevention (“CDC”), roughly 30 people die each day in a motor vehicle collision that involves an intoxicated driver. Also, the estimated yearly costs associated with alcohol-induced…
Massachusetts Appellate Court Rules Emotional Distress Case can Proceed Against Expert Witness
In Harrison v. Roitman, a husband retained a psychiatrist to provide expert witness testimony regarding his wife’s psychiatric state during a highly confrontational divorce proceeding. The expert witness, however, never met the wife or conducted an examination of her, but instead he provided a written report to the presiding judge explaining that…
Massachusetts Legislature to Consider Multiple Bicyclist, Pedestrian, and Motorist Safety Bills
The Massachusetts legislature is set to consider a number of bills that would provide greater protections for bicyclists throughout the state. First, the Vulnerable Users Bill would impose a three-feet law on motorists when passing or operating a vehicle near a so-called “vulnerable user,” even if doing so would require the…
Massachusetts Appellate Court Dismisses Premises Liability Claim for Lack of Causation
In Stewart v. Five Bridge Inn, LLC, a woman suffered injuries while attending a wedding at an inn located in Massachusetts after suffering a fall. In particular, the woman experienced a broken tibia and fibula. The woman filed a premises liability complaint against the inn, alleging that an oddly shaped rock embedded…
Massachusetts Courts Uphold Dismissal of Claim Based On Scope of Self-Insured Provisions
When it comes to personal injury cases, there is little dispute over the duty of an insurance company to provide prompt, fair, and equitable representation and services to their insureds. This is especially true in situations when someone makes a claim against one of the insurance company’s policyholders, and the insured’s…
Appellate Court Overturns Defense Verdict in Massachusetts Informed Consent Medical Negligence Case
In Bradley v. Sugarbaker, a woman suffered scars on her lungs after she was involved in a car accident in 2002. Roughly two years later, the woman underwent a medical examination that revealed she may have lung cancer. The physician who performed the test was a thoracic surgeon. Shortly thereafter,…
Massachusetts Court Dismisses Product Liability Claim for Lack of Standing
In Kerin v. Titeflex Corporation, a homeowner had installed a gas fire pit at his home that used Gastite CSST, a device that is common in both commercial and residential buildings and that is used to provide gas to stoves, fire pits, and other devices. The plaintiff filed suit against the maker of…
Massachusetts Federal Judge Rules Defense Not Entitled To Plaintiff’s Mental Health Records in Car Accident Case
In a recent car accident case, a Massachusetts federal judge held that the defendant was not entitled to obtain copies of the plaintiff’s mental health records. In Conklin v. Feitelberg, a woman suffered severe injuries as the result of a car crash that occurred in June 2011 involving the defendant. In her complaint,…
Liability Issues in Massachusetts Ski and Snow Parks
The winter season is in full swing, bringing snow to the Northeast and bringing all the wonderful winter outdoor sports that come with it. In New England, skiing, snowboarding, tobogganing, ice skating, and other winter sports are extremely popular. Whether you are an occasional skier or a seasoned aficionado of the…