Anyone who has seen a movie involving a jury trial knows that things can get quite heated when it comes to making statements in front of the jury and making a compelling argument. There are quite a few rules that apply when it comes to what lawyers can and cannot say…
Almost all of us have signed a release or waiver at some point in our lives, whether it be for an amusement park, field trip, recreational activity, or sporting endeavor. Many people do not read the language contained in these agreements and have little understanding regarding the rights they may…
In the recent case of Arsenault v. Bhattacharya, a Massachusetts appellate court considered whether the dismissal without prejudice of a medical malpractice action was appropriate. The plaintiff filed a complaint against the doctor on October 21, 2013, alleging that the doctor incompetently treated her for carpal tunnel syndrome and cervical spondylosis with radiculopathy. The…
When we go to the doctor or have a surgical procedure performed, we expect the physicians and nurses who perform the appointment or procedure to use the appropriate care. This includes not only the performance of the procedure but also preparing for it and preventing unnecessary infections. This same standard also applies…
In the recent case of Pena v. Pena, a Massachusetts trial court considered the liability of a property owner for injuries that a visitor sustains due to the acts of a third party. The case provides an important example to litigants about the importance of following procedural rules and retaining an…
There are countless procedural aspects of a lawsuit that can have a dispositive bearing on the outcome of your case. Whether it is a motion for summary judgment on one of your claims, or the denial of a motion in limine regarding a sensitive issue prior to trial, it is…
Each year, thousands of employees suffer devastating injuries while at work. Many of these accidents could be avoided if employers complied with applicable federal and Massachusetts health and safety laws. According to these regulations, employers have a duty to maintain a safe job site. This includes fixing broken equipment or…
In the recent case of Peters v. Shaw’s Supermarkets, Inc., the plaintiff was a deliveryman who alleged that he suffered severe injuries when he tripped on a pothole and fell while making a delivery at the defendant’s grocery store location. In his complaint, the plaintiff alleged a cause of action for…
A former Massachusetts State Trooper has filed a lawsuit against Fiat Chrysler, seeking damages he sustained after one of the manufacturer’s vehicles pinned him against a wall. The officer, John J. Malone, suffered a torn ACL, fractures to both knees, and severe bruising that required hospitalization. The complaint names over…
One of the most critical aspects of any personal injury claim is the statute of limitations. Massachusetts law imposes certain timelines dictating when a plaintiff must file his or her lawsuit against the defendant. If the plaintiff fails to initiate the action within the statute of limitations period, the plaintiff…