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If you suffer injuries in a slip and fall in a public area such as a hotel garage, it may not immediately be evident who is responsible for maintaining the portion of the premises in which you were injured. Massachusetts law permits you to pursue claims against all parties that may be potentially liable, and where it is unclear which party’s negligence caused your injury, it is left to the fact finder to determine liability.

Recently, in a case before the United States District Court for the District of Massachusetts, the court held that it was up to the jury to decide whether a hotel or a company that provided valet service for the hotel was responsible for injuries suffered by an individual who fell in the hotel parking lot. If you sustained an injury because of someone else’s negligent behavior, it is in your best interest to meet with an experienced Massachusetts personal injury attorney to discuss your options for seeking compensation from the party that caused your harm.

Facts Surrounding the Plaintiff’s Injury

The plaintiff worked as a manager for a rental car company at a location in a Boston hotel. He was responsible for checking nine parking spots in the hotel’s garage. He was inspecting the spots in the spring of 2014 when he claimed that he tripped and fell on an uncovered drain hole in one of the parking spots. He sustained serious injuries in the fall.

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In workers’ compensation disputes it is common for the claimant and employer to agree on some issues and disagree on others. In a hearing to determine whether a claimant is entitled to workers’ compensation benefits, only disputed issues should be considered and ruled upon by the hearing judge.

In Milton v. GT Advanced Technologies, the Industrial Accidents Reviewing Board found that an administrative judge improperly expanded the parameters of a workers’ compensation claim by evaluating undisputed issues, and overturned the judge’s findings.  If you were harmed in a work-related injury it is in your best interest to consult an experienced Massachusetts workers’ compensation attorney to evaluate your case and any potential obstacles to your recovery of benefits.

Factual Scenario

The claimant was employed with the first employer from 2007 through 2012. He then left the first employer to work for the second employer. The claimant’s responsibilities in both positions required him to undertake physically strenuous work. In 2015, the claimant filed a claim against both employers seeking workers’ compensation benefits due to a lower back injury. Following a hearing on the matter, an administrative judge denied both claims. The claimant appealed and on appeal, the reviewing board agreed with the claimant and reversed the decision.

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Most personal injury claims assert a theory of liability based on negligence. Parties alleging negligence must prove a duty, a breach of the duty, and causation to recover on their claims. To show causation, a plaintiff must set forth sufficient evidence to show that the harm sustained was a foreseeable result of any alleged breach. In Almeida v. Pinto,  the Court of Appeals found that the tenuous connection between the injuries the plaintiff sustained and the defendant’s breach was insufficient to permit the plaintiff’s case to proceed.  If you suffered injuries due to someone else’s negligence, you should consult a seasoned Massachusetts personal injury attorney to analyze the facts of your case and whether you should seek damages.

Factual Scenario

Allegedly the defendants hired a contractor to install vinyl siding on the second and third floor of their residence. The defendants paid the contractor $200.00 which was the price suggested by the contractor. The contractor began the installation without a helmet, harness, or any other safety equipment. He fell from a ladder and struck his head and ultimately passed away from his injuries. The plaintiff, who was the administrator of the contractor’s estate, subsequently filed a lawsuit against the defendants, alleging their negligence led to the contractor’s death. The defendants moved for summary judgment, and the court granted the motion. The plaintiff appealed, and the appellate court affirmed.

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In Massachusetts personal injury cases alleging a breach of duty, it is common for one or both parties to engage expert witnesses, to offer an opinion regarding whether the defendant owed the plaintiff a duty, and whether the breach of any duty resulted in harm to the plaintiff. The testimony of expert witnesses can be precluded or limited if the court finds that the expert has a conflict of interest or has insufficient qualifications to opine on a certain issue.

In a recent case, Kahyaoglu v. Adams, the Appeals Court of Massachusetts held that if a party fails to request a hearing to establish the reliability of expert testimony, he or she waives to right to object on that issue, affirming Commonwealth v. Fritz. If you sustained personal injuries because of someone else’s negligent actions, it is important to retain a knowledgeable Massachusetts personal injury attorney to prevent expert testimony that should be precluded from being used as evidence against you.

Factual Background

Reportedly, the plaintiff alleged she suffered personal injuries due to the defendant’s negligence in exiting his vehicle. Following a trial, a jury found in favor of the defendant. The Plaintiff filed a motion for a new trial, which the trial court denied. Plaintiff filed a pro se appeal of both the jury verdict and the denial of her motion. On appeal, the court affirmed the trial court ruling.

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If you seek to pursue compensation for personal injuries caused by someone else’s negligence, it is essential to retain an attorney that can identify all parties that may be responsible for your harm and set forth all possible theories of liability, as the failure to do so can be fatal to your claim. The Supreme Court of Massachusetts recently held in Williams v. Steward Health Care System, that a hospital could not be held directly liable for harm caused by a psychiatric patient that was released by his treating physician. While the court noted that it was possible for the hospital to be liable under a theory of vicarious liability, plaintiff did not assert that cause of action. If you suffered injuries due to someone else’s negligence, you should consult with an experienced Massachusetts personal injury attorney to discuss the facts of your case and your options for recovering damages.

Factual Background   

Allegedly, in Williams, the assailant fatally stabbed his neighbor. The assailant had been a patient at the hospital under multiple court orders. The orders directed he was to be committed to the hospital due to mental illness until there was no longer a danger of serious harm due to his illness, for up to six months. The assailant was admitted for twenty-one days, after which the doctor treating the assailant purportedly determined he no longer posed a risk of harm due to his mental illness and discharged the assailant. Approximately three weeks after his release the assailant allegedly broke into his neighbor’s apartment and fatally wounded her.

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In analyzing whether an employee suffered a work-related injury, it is common for an employer’s workers’ compensation insurer to require an employee to undergo a medical examination, after which the examining physician will issue a report. The physician report can make or break an employee’s case, depending on whether or not the physician finds the employee suffered a work-related injury.

In Reymundo Villar v. Advanced Auto Parts, the Industrial Accidents Reviewing Board recently held that the specific phrase that an injury did not arise out of employment is not necessary to support a finding that an injury is not work-related in a Massachusetts workers’ compensation claim. If you suffered a work-related injury, you should meet with a skilled Massachusetts workers’ compensation attorney to ensure your claim is evaluated properly.

Facts of the Case

Reportedly, the employee in Villar, injured his right shoulder and thumb while working for the employer. He was unable to work for a short period, after which he underwent physical therapy and returned to work light duty. He then felt pain in his left shoulder, after which he stopped working. The employee continued to undergo physical therapy for several years and ultimately underwent several surgeries on his right shoulder and thumb, with no improvement in his symptoms.

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While most illnesses are apparent at the time of onset, many work-related illnesses are not diagnosed for several years. If you contracted an illness due to your employment, you should be entitled to recover compensation regardless of when the illness became apparent. In Jones’s Case (Gregory B. Jones vs. NSTAR & others, 2017-P-0951), the Court of Appeals of Massachusetts found that an employer was liable for a claimant’s disability benefits for an illness contracted during the claimant’s employment, even though the claimant was not diagnosed for several years after his employment ended. If you are suffering from a work-related illness, you should confer with an experienced Massachusetts workers’ compensation attorney to ensure you recover the workers’ compensation benefits you are owed.

Factual Scenario

Reportedly, the Claimant worked for Employer from 2001 to 2007. In 2006, he began feeling ill, and in 2011 he was diagnosed with Lyme disease. Shortly after that, he took a medical leave from his position with his new company.  After a year of treatment, he was able to resume work. A workers’ compensation benefits hearing was held in front of an administrative judge, during which the Claimant introduced testimony and evidence from medical experts which supported the finding that the Claimant contracted Lyme disease during his employment with Employer.

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Under Massachusetts law, if you slip and fall due to ice on someone else’s premises, you are required to provide the party responsible for the premises written notice of the place, time and cause of injury within thirty days. The Appeals Court of Massachusetts recently held in Lewis v. Rocco Realty Trust, that a plaintiff who failed to provide the required notice was precluded from recovering from the defendant. If you were injured in a slip and fall accident caused by ice, it is essential to seek the assistance of an experienced Massachusetts personal injury attorney as soon as possible, as any delay may result in the waiver of your right to recover.

Factual Background

Purportedly, plaintiff filed a Complaint in which he alleged that he sustained injuries in a slip and fall accident that occurred three years earlier in a parking lot owned by the defendant. Plaintiff asserted the defendant’s negligent maintenance of the parking lot caused his fall. Defendant filed an Answer asserting, in part, plaintiff’s Complaint should be dismissed due to plaintiff’s failure to provide notice of the claim within the required time period. Defendant then filed a motion for judgment on the pleadings. Defendant attached correspondence from plaintiff’s counsel to its motion. The letter, which was dated eight months after the fall, included the date of the alleged incident and stated plaintiff suffered injuries because of the negligent condition of the premises but did not state plaintiff fell or allege that ice was the cause of plaintiff’s injuries.

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In Massachusetts, to recover damages for pain and suffering in a personal injury case in which the alleged injuries arose out of the ownership or operation of a motor vehicle a plaintiff must prove medical costs incurred in treating his or her injuries were in excess of $2,000.00. Recently, in Chenell v. Central Wheelchair & Van Transportation, Inc., the Appeals Court of Massachusetts ruled that a plaintiff is not required to submit medical bills into evidence to prove medical costs exceeded the $2,000.00 threshold. If you sustained injuries in a car accident, you should seek the assistance of a skilled Massachusetts personal injury attorney to assist you in recovering the full amount of compensation you are owed.

Factual Background

Allegedly, Plaintiff used an electric wheelchair and was a passenger in a wheelchair accessible van owned by Defendants. The van reportedly stopped abruptly, causing Plaintiff to fall out of her wheelchair and the wheelchair to fall on top of Plaintiff. Plaintiff sued Defendants for personal injuries and sought damages for pain and suffering. During the trial, Plaintiff presented evidence of medical treatment for injuries she sustained in the incident, including medical records, but did not introduce any medical bills. Additionally, Plaintiff introduced the report of an orthopedic expert who stated within a reasonable degree of medical certainty that Plaintiff suffered an acute injury to her cervical and lumbosacral spine due to the incident. Following the trial, Defendants filed a motion for a directed verdict on the grounds that Plaintiff did not prove the cost of her medical treatment, which the court granted. Plaintiff appealed. The Appellate Division affirmed the trial court ruling, and Plaintiff appealed to the Court of Appeals of Massachusetts.

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Under Massachusetts personal injury law, to recover from a negligence claim you must show that the defendant breached a duty of care owed to you and that the breach caused you to suffer injuries. It is important to understand what must be proven in order to establish negligence, because a failure to prove the elements of negligence can affect your right to recover. In Caruso v. Catone, the Appeals Court of Massachusetts recently held that Plaintiff’s attorney waived the right to argue the judge gave improper instructions to the jury regarding breach of duty and causation, which ultimately resulted in a defense verdict.

In Caruso, plaintiff and defendant were involved in an accident in which defendant struck plaintiff with his car. Plaintiff sued defendant for negligence. Following a trial, a jury determined Plaintiff had not established the element of negligence and denied plaintiff the right to recover damages. Plaintiff filed a motion for a new trial, which the court denied. Plaintiff then appealed to the Appeals Court of Massachusetts, which affirmed the lower court ruling. On appeal, plaintiff argued that defendant’s testimony at trial constituted an admission that he breached the duty of care. Specifically, defendant, who hit plaintiff when he was making a left turn, testified that he was looking right prior to the turn, even though he was driving toward the left. Further, defendant agreed with plaintiff’s counsel that he was not looking in the direction he was driving at the time of impact. Plaintiff believed defendant’s behavior constituted negligence as a matter of law.

The court found, however, that it was not necessary to address the issue of whether defendant acted negligently, due to the fact that the judge improperly addressed the jury on the issue of negligence. Specifically, in instructing the jury on the elements of negligence the judge conflated the elements of breach and causation and erroneously advised the jury that to find defendant negligent they must find that he breached the duty of care and that the breach was the cause of the accident. The court noted this was not a proper instruction under Massachusetts law, which requires breach and causation to be separate elements of negligence. As plaintiff’s attorney did not object to the instruction he waived the right to argue the issue on appeal. The court stated that due to the improper instruction the jury’s verdict may mean the jury found that the defendant drove negligently, but the accident may have occurred even if he was driving appropriately. The court noted, however, the record reflected that the accident would have occurred regardless, due to other facts regarding the incident.

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