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No matter how strong a plaintiff’s case, if he or she fails to file a lawsuit within the time period set forth by the applicable statute of limitations, he or she may be precluded from pursuing a claim. While there are some exceptions to the statutory limitations period they only apply in certain circumstances.  This was illustrated in Mendonca v. Walcott, a case in which the trial court dismissed the plaintiff’s medical malpractice case due to the plaintiff’s failure to file within the three-year time period set forth by the applicable statute of limitations. If you or a loved one were injured due to negligent medical care, you should consult a knowledgeable Massachusetts personal injury attorney to analyze the facts of your case and to assess whether you may be able to recover damages.

Facts Regarding the Plaintiff’s Treatment

Allegedly, the plaintiff began treatment with the defendant pediatrician when the plaintiff was 10 years old. When the plaintiff first began treating with the defendant in 2008, it was noted she was remarkably small for her age. In 2009, when she was 11 years old, the plaintiff complained of swollen glands in her neck, for which she was prescribed antibiotics. Later that year during her physical examination, it was again noted that she was very small for her age. The defendant did not examine the plaintiff’s neck during her physical. In 2011, it was noted the plaintiff was in the 5th percentile for her height and 1st for her weight.

Reportedly, on one occasion the plaintiff complained of various concerns and her neck was examined but no abnormality was noted, even though a photograph that was taken at that time depicted visible swelling in the neck. The plaintiff returned with complaints of a lump in her throat in the winter of 2011 and was examined by a nurse practitioner, who noted that the plaintiff’s thyroid felt enlarged. The plaintiff subsequently underwent a biopsy in January of 2012 and was diagnosed with thyroid cancer. The plaintiff filed a medical malpractice lawsuit against the defendant in August 2015. The defendant filed a motion for summary judgment, arguing that the plaintiff failed to file the lawsuit within the applicable statute of limitations.

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The adverse effects of smoking cigarettes are common knowledge. While currently cigarettes must be sold with warning labels, that was not always the case. As such, if someone began smoking decades ago and suffered harm as a result, he or she may be able to pursue claims against cigarette manufacturers on various theories of liability.

Notably, Massachusetts is a jurisdiction that allows such claims, as shown in a recent case in which the Superior Court of Massachusetts ruled that a plaintiff could proceed with its product liability claims against a cigarette manufacturer, denying the defendant manufacturer’s motion for summary judgment. If you or a loved one suffered harm due to a dangerous product, you should meet with an experienced Massachusetts personal injury attorney to discuss your options for pursuing compensation.

Plaintiff’s Decedent’s History of Smoking

Allegedly, the plaintiff’s mother began smoking the defendant’s cigarettes in 1963 when she was 13 years old after she was given free cigarettes by one of the defendant’s representatives. She became addicted to cigarettes and smoked two packs per day for decades. She was diagnosed with cancer in 2016 and ultimately succumbed to the disease. She smoked until her death. After the decedent’s death, the plaintiff filed a wrongful death lawsuit against the defendant, alleging negligence, breach of warranty, conspiracy, and violation of G.L.c. 93A. The defendant filed a motion for partial summary judgment, which the court denied.

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Many activities require participants to sign a release in which the participant waives the right to recover damages for any injuries sustained during the activity. As such, even if an entity’s negligence causes a participant harm, he or she may not be able to recover compensation. If a release is ambiguous, however, a person may still be able to pursue damages.

This was illustrated in a recent case decided by the United States District Court for the District of Massachusetts, in which the court denied the defendant’s motion for summary judgment on the plaintiff’s negligence claim, where the terms of the release were unclear. If you were injured due to someone else’s negligence, you should confer with a seasoned  Massachusetts personal injury attorney to formulate a plan to help you pursue compensation.

Facts Surrounding the Plaintiff’s Injury

 It is alleged that the plaintiff was a patron of one of the defendant’s yoga studios. She signed up for training classes, and prior to the classes signed a participation agreement and release of liability. During one training session, the plaintiff used a metal frame stackable chair. When the session was over, the plaintiff folded the chair, lifted it over her head, and carried it to the area of the room where the chairs were stacked. Allegedly, one of the defendant’s employees grabbed the chair without warning, which caused the chair to swing and strike the plaintiff in the head. The blow caused the plaintiff to sustain a concussion. The plaintiff filed a lawsuit against the defendant, alleging she suffered damages due to the negligence of the defendant and its employees. The defendant filed a motion for summary judgment, arguing that there was no negligence and the release precluded liability regardless. The court denied the defendant’s motion.

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Individuals injured by the negligence of another person typically do not contemplate the procedural aspects of filing a lawsuit, but they are vital to consider because the failure to follow the rules of procedure can result in the waiver of your right to pursue a claim. For example, the court in which a lawsuit was filed must have jurisdiction over both the claim and the parties, or the case may be dismissed.

Recently, a Massachusetts appellate court examined the factors necessary to establish jurisdiction over an out of state defendant, in Roch v. Mollica. If you were injured by an individual that does not reside in the state, you should consult a knowledgeable Massachusetts personal injury attorney to discuss the best manner in which to proceed in your pursuit of damages.

Facts Surrounding the Plaintiff’s Injury

Reportedly, the plaintiff attended college in Massachusetts and was a member of the school’s softball team. She traveled to Florida with the softball team and stayed at a house rented by the defendants, who were the parents of the head coach. While she was there the plaintiff was pushed into a swimming pool as part of a hazing ritual and sustained an injury to her shoulder. The plaintiff subsequently sued the defendants for negligence. The defendants, who reside in New Hampshire, were served with process while attending a softball game in Massachusetts. The defendants subsequently filed a motion to dismiss, arguing the court lacked jurisdiction over them. The court granted the motion and the plaintiff appealed.

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The evidence presented by either party can make or break a personal injury case. If the court denies a plaintiff’s request that the court take judicial notice of certain evidence it can result in a defense verdict. The Massachusetts Rules of Evidence limit what materials a court may take judicial notice of, however.

This was illustrated in a recent case decided by the Appeals Court of Massachusetts, in which the court affirmed the trial court’s refusal to take judicial notice of a driver’s manual, or provide the jury with an instruction with language taken from the manual. If you suffered harm due to a car accident, it is important to retain an experienced Massachusetts personal injury attorney to represent you in your claim for compensation so that your case is handled properly.

Factual and Procedural Background

It is reported the plaintiff was driving her vehicle when she was struck by a vehicle driven by the defendant while the defendant was backing out of a residential driveway. The plaintiff filed a lawsuit against the defendant, alleging the defendant’s negligence caused the accident and her harm. Following a trial, the jury found the defendant was not negligent. The plaintiff filed a motion for a new trial, arguing the court erred in declining to admit the Registry of Motor Vehicles Driver Manual (Manual) and in failing to provide the jury with the plaintiff’s requested instruction, which was obtained from the Manual. On appeal, the court affirmed.

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Work-related injuries don’t always arise from accidents but can be caused by repetitive use. Proving that a repetitive use injury is work-related can be complicated, and employers will often try to avoid paying workers’ compensation benefits by arguing an injury was caused by wear and tear rather than conditions encountered in the work environment.

In Maldonando v. CPF Incorporated, the Department of Industrial Accidents Reviewing Board explained the difference between an injury due to wear and tear and a compensable injury in a workers’ compensation claim. If you suffered injuries in an employment-related accident, it is in your best interest to consult an experienced Massachusetts Workers’ Compensation attorney to discuss what benefits you may be able to recover.

Claimant’s Work Duties and Injuries

Allegedly, the claimant, who was in her late fifties, worked placing labels on soda bottles in a factory. The bottles traveled down a conveyor belt and often fell over, and the claimant was required to upright them and make sure the labels were placed properly. Her shifts lasted ten to twelve hours per day, and she was required to walk or stand constantly during her shifts.

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Under Massachusetts law, recovering damages from a government entity, while not impossible, is complicated and there are strict guidelines that must be followed in any claim asserted. While governmental entities are afforded certain immunities and defenses, as set forth in a case recently decided by the Supreme Court of Massachusetts, if a government entity fails to assert a defense in the required manner, it can result in the waiver of the defense. If you suffered an injury that was caused by the negligence of a governmental entity, you should consult a skilled Massachusetts personal injury attorney as soon as possible to assist you in your pursuit of damages.

Plaintiff’s Allegations

Allegedly, the plaintiff was assaulted by a bus driver who worked for the defendant transportation authority. The plaintiff subsequently filed a lawsuit against the defendant, alleging claims of negligent hiring, training and supervision, and vicarious liability. The defendant filed an answer to the lawsuit, then filed a motion for judgment on the pleadings, arguing the plaintiff failed to sufficiently notify the defendant of the negligence claim as required under the Massachusetts Tort Claims Act (the Act), and that it was immune to liability for the vicarious liability claim under the Act, due to the fact the liability was based on an intentional tort. The trial court granted the motion as to the vicarious liability claim, but denied it regarding the negligence claim, finding the defendant had waived the defense by failing to specifically assert the defense in its answer. The Supreme Court of Massachusetts took the case under review.

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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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