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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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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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