Massachusetts Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Massachusetts or Court of Appeals of Massachusetts where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Rotundi v. Arbella Mutual Insurance Company - 3/5/2002
Insurance, Motor vehicle insurance, Cancellation, Waiver. Estoppel.
On February 11, 1996, the plaintiff, Louis A. Rotundi, had a single-car accident. He made a claim against his insurer, Arbella Mutual Insurance Company...
Bratcher v. Moriarty - 3/4/2002
Berkshire.
November 20, 2001.
Executor and Administrator, Action for death, Status in proceedings involving estate, Attorney. Wrongful Death. Attorney at Law, Attorney-client relationship, Duty to non-client. Conflict of...
In re Cassola - 2/28/2002
Workers' Compensation Act, Incapacity, Average weekly wages, Presumptions and burden of proof.
A single justice of this court reported to us the employee's appeal from a decision of the reviewing board of the Department of...
New England Tea & Coffee Company v. Fireman's Fund Insurance Company - 2/22/2002
Insurance, General liability insurance, Insurer's obligation to defend. Employment, Termination.
James P. Feeney was fired from his employment with the plaintiff New England Tea & Coffee Co. (NET), allegedly for violating a...
Peters v. United National Insurance Company - 2/15/2002
Suffolk.
September 17, 2001
Insurance, Liquor liability insurance, Coverage, Construction of policy, Insurer's obligation to defend. Contract, Insurance. Statute, Construction.
Civil action commenced in the Superior...
Seaco Insurance Co. v. Barbosa - 2/5/2002
Middlesex.
October 1, 2001.
Real Property, Lease. Landlord and Tenant, Lease as contract. Contract, Lease of real estate. Insurance, Fire, Property damage, Subrogation. Subrogation.
Civil action commenced in the...
Leblanc v. Friedman - 1/31/2002
Middlesex.
October 10, 2001
Release. Mistake. Negligence, Medical malpractice.
Civil action commenced in the Superior Court Department on May 20, 1997.
The case was heard by Charles T. Spurlock, J., on a motion...
In re Gross - 12/6/2001
Suffolk.
October 1, 2001
Attorney at Law, Disciplinary proceeding, Deceit, Conduct prejudicial to administration of justice, Suspension.
Information filed in the Supreme Judicial Court for the county of Suffolk on...
Commonwealth v. Boyer - 9/24/2001
Bristol.
December 7, 2000.
Attorney at Law. Bribery. Intimidation of Witness. Witness, Intimidation. Practice, Criminal, Motion in limine, Severance. Evidence, Hearsay, Admission by silence, Pattern of conduct, Statement of...
Toney v. Zarynoff's - 9/20/2001
Worcester.
May 3, 2001.
Negligence, Wrongful death. Wrongful Death. Jury and Jurors. Evidence, Police report, Relevancy and materiality. Negligence, Foreseeability of harm. Practice, Civil, Instructions to jury.
Civil...
Fascione v. CNA Insurance Companies - 9/6/2001
Essex.
May 11, 2001.
Insurance, Motor vehicle insurance, Motor vehicle personal injury protection benefits, Unfair act or practice. Practice, Civil, Attorney's fees, Costs. Statute, Construction. Consumer Protection Act,...
Harlfinger v. Martin - 9/5/2001
Suffolk.
March 12, 2001.
Medical Malpractice, Statute of limitations, Standard of care. Limitations, Statute of. Negligence, Medical malpractice. Minor, Medical treatment. Repose, Statute of. Due Process of Law, Statute of...
Transamerica Insurance Company v. KMS Patriots - 8/2/2001
Norfolk.
March 16, 2000.
Practice, Civil, Summary judgment. Insurance, General liability insurance, Insurer's obligation to defend, Defense of proceedings against insured. Indemnity. Consumer Protection Act, Insurance....
O'Leary-Alison v. Metropolitan Property & Casualty Insurance Co. - 8/2/2001
Norfolk.
May 11, 2001.
Insurance, Motor vehicle insurance, Settlement of claim, Unfair act or practice. Consumer Protection Act, Insurance.
Civil action commenced in the Superior Court Department on August 3, 1994....
Commonwealth v. Russ R. - 3/20/2001
Suffolk.
November 10, 2000.
Juvenile Court. Witness, Immunity. Statute, Construction.
Civil action commenced in the Supreme Judicial Court for the county of Suffolk on December 17, 1999.
The case was reserved...
Commonwealth v. Chapman - 3/15/2001
Barnstable.
December 4, 2000.
Wanton or Reckless Conduct. Constitutional Law, Vagueness of statute. Due Process of Law, Vagueness of statute. Practice, Criminal, Instructions to jury. Words, "Substantial bodily injury." ...
Luisi v. Foodmaster Supermarkets - 12/14/2000
Suffolk.
September 13, 2000.
Negligence, Grocery store, Foreseeability of harm, Duty to prevent harm, Proximate cause. Landlord and Tenant, Landlord's liability to third person.
Civil action commenced in the Superior...
Nutting v. Roche Brothers Supermarkets - 12/14/2000
Norfolk.
February 22, 2000.
Emotional Distress. Negligence, Emotional distress. Workers' Compensation Act, Emotional distress, Injuries to which act applies, Election of remedies.
Civil action commenced in the...
Yung v. Reymonde - 12/8/2000
Assignment. Uniform Commercial Code, Security interest. Practice, Civil, Argument by counsel.
We transferred this case to this court on our own motion to determine who has priority over the settlement proceeds of the defendant's...
Morais v. City of Lowell - 12/1/2000
Middlesex.
January 19, 2000.
Practice, Civil, Motion to dismiss. Massachusetts Tort Claims Act. Negligence, Municipality. Municipal Corporations, Building inspection. Notice.
Civil action commenced in the Superior...
Aetna Life and Casualty Insurance Co. v. Commonwealth - 11/2/2000
Suffolk.
June 3, 1999.
Workers' Compensation Act, Reimbursement of insurer, Subsequent injury, Injuries to which act applies, Decision of Industrial Accident Reviewing Board. Administrative Law, Agency's interpretation of...
Stanton v. AM General Corp. - 9/26/2000
Middlesex.
March 10, 2000.
Jurisdiction, Personal, Nonresident, Long-arm statute.
Civil action commenced in the Lowell Division of the District Court Department on November 20, 1995.
A motion to dismiss was...
Pierce v. US - 9/26/2000
Hardin v. US
COUNSEL
ARGUED: Paul A. Casi, II, HOFFMAN & CASI, Louisville, Kentucky, for Appellant. Debra J. Kossow, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, D.C., for Appellee. ON BRIEF: Paul A. Casi, HOFFMAN &...
Tivnan v. Rigistrar Of Motor Vehicles - 9/19/2000
Middlesex.
October 15, 1999.
Registrar of Motor Vehicles, Records. Fair Information Practices Act, Availability of remedy. Massachusetts Tort Claims Act. Governmental Immunity.
Civil action commenced in the Superior...
L.W.K. v. E.R.C. - 9/14/2000
Middlesex.
May 1, 2000.
Parent and Child, Child support, Support of child born out of wedlock. Devise and Legacy, Child born out of wedlock. Statute, Construction. Public Policy.
Complaint for modification of a child...
Bolden v. O'Conner Cafe of Worcester - 9/8/2000
Worcester.
February 11, 2000.
Alcoholic Liquors, Motor vehicle. Insurance, Liquor liability insurance. Practice, Civil, Intervention, Judgment.
Civil action commenced in the Superior Court Department on March 9, 1994....
In re Canavan - 8/17/2000
Suffolk.
May 4, 2000
Workers' Compensation Act, Expert opinion. Evidence, Expert opinion, Scientific test. Witness, Expert, Physician. Multiple Chemical Sensitivity. Judicial Estoppel. Practice, Civil, Motion to dismiss. ...
Lincoln v. Personnel Administrator of the Department of Personnel Administration - 8/1/2000
Suffolk.
May 4, 2000.
Administrative Law, Judicial review, Remand to agency, Primary jurisdiction, Exhaustion of remedies. Department of Personnel Administration.
Civil actions commenced in the Superior Court...
Draleau v. Center Capital Corp. - 8/1/2000
Worcester.
May 15, 2000.
Uniform Commercial Code, Warranty, Security interest. Warranty. Sale, Warranty. Contract, Equipment lease. Statute, Construction. Words, "Lessor."
Civil action commenced in the Superior Court...
Benson v. Massachusetts General Hospital - 6/30/2000
Suffolk.
February 23, 2000.
Practice, Civil, Summary judgment. Medical Malpractice, Consent to medical treatment.
Civil action commenced in the Superior Court Department on July 3, 1995.
The case was heard by...
Theos & Sons - 6/20/2000
Middlesex.
February 8, 2000.
Practice, Civil, Summary judgment. Warranty. Uniform Commercial Code, Sale of goods, Warranty. Sale, Warranty. Agency, Scope of authority or employment, What constitutes.
Civil action...
Vittands v. Sudduth - 6/15/2000
Essex.
November 8, 1999.
Practice, Civil, Summary judgment, Costs, Frivolous action. Abuse of Process. Emotional Distress. Negligence, Emotional distress. Trust, Nominee trust, What constitutes. "Anti-SLAPP" Statute. ...
Patterson v. Liberty Mutual Insurance Co. - 2/18/2000
Suffolk. June 7, 1999.
Workers' Compensation Act, Proximate cause, Expert opinion, Impartial medical examiner. Evidence, Expert opinion. Witness, Expert. Multiple Chemical Sensitivity.
Appeal from a decision of the...
Ruggerio Abulance Service - 2/16/2000
January 3, 2000.
Insurance, Insurer's obligation to defend, Construction of policy. Indemnity. Contract, Insurance, Construction of contract, Indemnity. Wrongful Death. Negligence, Causing death.
Civil action commenced in...
Peerless Insurance Company v. Hartford Insurance Company - 2/10/2000
Middlesex.
May 25, 1999.
Civil action commenced in the Superior Court Department on August 17, 1987.
Following review by this court, 34 Mass. App. Ct. 534 (1993), motions for summary judgment were heard by Carol...
Labor v. Sun Hill Industries - 12/16/1999
97-P-1903 Appeals Court
Worcester.
February 8, 1999.
Judgment, Amendment, Correction of judgment. Practice, Civil, Amendment, Parties, Judgment, Correction of judgment. Rules of Civil Procedure.
Civil action...
Bagley v. Monticello Insurance Co. - 12/15/1999
Essex. November 1, 1999.
Insurance, Coverage, Construction of policy, Illegal acts exclusion. Contract, Insurance.
Civil actions commenced in the Superior Court Department on February 9, 1995, and February 27, 1995,...
Niles-Robinson v. Brigham and Women's Hospital Inc. - 6/29/1999
Suffolk.
December 10, 1998
Workers' Compensation Act, Injuries to which act applies, Exclusivity provision, Decision of Industrial Accident Reviewing Board. Collateral Estoppel. Res Judicata. Judicial Estoppel.
Civil...
Abdella v. United States Fidelity & Guaranty Company. - 6/23/1999
Worcester.
June 4, 1998.
Arbitration, Insurance, Issue preclusion, Consumer Protection Act. Insurance, Arbitration, Unfair act or practice, Motor vehicle insurance. Consumer Protection Act, Insurance, Arbitration, Res...
Commonwealth v. Macey - 5/28/1999
Hampden.
December 4, 1998
Assault and Battery. Practice, Criminal, Argument by prosecutor, Instructions to jury.
Indictment found and returned in the Superior Court Department on March 26, 1996.
The defendant...
Shamban v. Worcester Insurance Co. - 5/27/1999
No. 97-P-1568. Norfolk. January 12, 1999.
Insurance, Homeowner's insurance, Coverage, Insurer's obligation to defend. Practice, Civil, Attorney's fees.
Civil action commenced in the Superior Court Department on July 15,...
In re Watt - 5/26/1999
Attorney at Law, Disciplinary proceeding, Reciprocal discipline, Commingling of funds, Suspension.
The case was submitted on briefs.
Through a petition for reciprocal discipline pursuant to S.J.C. Rule 4:01, Sect. 16, as...
Brusard v. O'Toole - 5/20/1999
Plymouth
March 1, 1999
Negligence, Medical malpractice. Evidence, Learned treatise. Medical Malpractice, Expert opinion.
Civil action commenced in the Superior Court Department on December 2, 1992.
The case was...
Commonwealth v. Carapellucci - 5/13/1999
Suffolk
April 5, 1999
Motor Vehicle, Citation for violation of motor vehicle law. Practice, Criminal, Citation for violation of motor vehicle laws. Evidence, Consciousness of guilt, Relevancy and materiality. Restitution. ...
Knight v. Commonwealth - 4/30/1999
No. 97-P-1913.
Worcester.
December 18, 1998.
Massachusetts Tort Claims Act. Statute, Construction. Contract, Settlement agreement, Release from liability. Release. Fraud. Words, "Same subject matter."
Civil...
Sylva's Case - 4/30/1999
No. 97-P-1823.
Suffolk.
January 12, 1999.
Workers' Compensation Act, Prima facie evidence, Incapacity, Concurrent employment, Average weekly wages. Evidence, Earning capacity. Statute, Construction.
Appeal from...
Shine v. Vega - 4/29/1999
Suffolk.
January 8, 1999.
Practice, Civil, Instructions to jury. Medical Malpractice, Consent to medical treatment. Negligence, Medical malpractice. Doctor, Duty to disclose to patient. Constitutional Law, Right to refuse...
New Hampshire Insurance Co. v. McCann - 3/10/1999
Suffolk.
February 1, 1999.
Negligence, Attorney at law. Attorney at Law, Malpractice. Assignment. Public Policy. Release.
Civil action commenced in the Superior Court Department on July 12, 1995.
The case was...
Santos v. Kim - 3/4/1999
Middlesex.
February 4, 1999.
Medical Malpractice, Tribunal, Bond. Negligence, Doctor, Medical malpractice.
Civil action commenced in the Superior Court Department on October 17, 1995.
A motion to dismiss was...
Dominguez v. Liberty Mutual Insurance Co. - 3/3/1999
Suffolk.
November 6, 1998.
Insurance, Motor vehicle personal injury protection benefits, No-fault insurance. Statute, Construction.
Civil action commenced in the Boston Municipal Court Department on January 26, 1996. ...
Brusard v. O'Toole - 8/12/1998
97-P-374 Appeals Court
Plymouth.
April 17, 1998.
Negligence, Medical malpractice. Evidence, Learned treatise. Medical Malpractice, Expert opinion.
Civil action commenced in the Superior Court Department on...
Kippenhan v. Chaulk Services Inc. - 8/4/1998
Middlesex.
May 5, 1998.
Negligence, Ambulance, Manufacturer. Evidence, Expert opinion. Practice, Civil, Loss of evidence. Contract, Settlement agreement. Assignment.
Civil action commenced in the Superior Court...
McDaniel v. Pickens. - 6/12/1998
96-P-1602 Appeals Court
Worcester.
January 14, 1998.
Negligence, Doctor, Expert opinion. Medical Malpractice, Expert opinion. Witness, Expert, Bias, Cross-examination. Evidence, Insurance, Cross-examination, Expert...
Sugrue v. Contributory Retirement Appeal Board - 5/28/1998
December 9, 1997.
James Sugrue claimed to have suffered severe emotional distress as a result of participating in or witnessing a wide array of grisly, disturbing, and traumatic incidents in the early part of his career as a city...
Rubenstein v. Royal Insurance Co. - 5/27/1998
November 6, 1997.
Contract, Insurance, Indemnity, Construction of contract. Evidence, Existence of document. Practice, Civil, Burden of proof. Hazardous Waste. Insurance, Coverage, Insurer's obligation to defend, Construction of...
O'Leary v. Nepomuceno - 5/1/1998
The plaintiffs appeal from the dismissal of their medical malpractice action based on their failure to post a $6,000 bond after a medical malpractice tribunal found in favor of the defendants and the tribunal judge denied their motion...
Allen v. City of Boston - 5/1/1998
This is a wrongful death action in which the plaintiff administratrix, mother of the decedent, Kingsley Fitzroy Allen, alleges that her son's death was brought about through the negligence of the defendant city of Boston or its...
Whelan v. Division of Medical Assistance - 4/30/1998
Appeals Court
December 12, 1997.
Medicaid. Lien. Medical Malpractice, Damages.
Elizabeth Whelan settled a medical malpractice claim against her mother's obstetrician for $2,000,000. Over seven years, beginning soon...
Brito v. Liberty Mutual Insurance Company - 12/12/1997
Appeals Court
Middlesex.
October 9, 1997.
December 12, 1997.
Insurance, Motor vehicle personal injury protection benefits. Statute, Construction.
Civil action commenced in the Cambridge Division of the...
Coughlin v. Department of Correction - 11/14/1997
Suffolk.
June 13, 1997.
November 14, 1997.
Present: Brown, Greenberg, & Flannery, JJ.
Practice, Criminal, Dismissal. Civil Rights, Availability of remedy. Massachusetts Tort Claims Act. Governmental...
Western Alliance Insurance Co. v. Gill - 11/10/1997
Middlesex.
October 6, 1997.
November 10, 1997.
Present: Wilkins, C.J., Abrams, Lynch, Greaney, Marshall, & Ireland, JJ.
Insurance, General liability insurance, Pollution exclusion clause, Insurer's...
Kienzler v. Dalkon Shield Claimants Trust - 11/6/1997
Suffolk. October 14, 1997.
November 6, 1997.
Present: Wilkins, C.J., Abrams, Lynch, Greaney, Marshall, & Ireland, JJ.
Limitations, Statute of. Statute, Special law. Constitutional Law, Special law, Legislation...
Employers' Liability Assur. Corp. - 9/4/1997
Insurance, General liability insurance, Notice, Construction of policy. Hazardous Waste. Notice, Insurance claim. Contract, Insurance, Indemnity. Indemnity. Evidence, Existence of document, Best and secondary.
KAPLAN, J. This is...
Matter of Ellis - 6/27/1997
Attorney at Law, Disciplinary proceeding, Suspension. Due Process of Law, Attorney disciplinary proceeding.
WILKINS, C.J. James N. Ellis, Jr., and Nicholas J. Ellis, members of the bar of the Commonwealth and the only partners in...
Kerins v. Lima - 6/3/1997
Statute, Construction. Common Law. Parent and Child, Parental liability for intentional act of child. Words, "Parents."
GREANEY, J. General Laws c. 231, ยง 85G, reads as follows:
"Parents of an unemancipated child under the...
Demoulas v. Demoulas Super Markets - 3/13/1997
Practice, Civil, Findings by Judge, Standing, Bias of Judge, Jury trial, Contempt. Conflict of Laws. Corporation, Stockholder's derivative suit, Voting trust, Corporate opportunity, Close corporation, Director's liability, Officers and...
Clegg v. Butler - 3/12/1997
Insurance, Motor vehicle insurance, Settlement of claim, Unfair act or practice. Consumer Protection Act, Insurance, Damages, Offer of settlement, Unfair or deceptive act.
FRIED, J. These cross appeals in this case arise from a...
Hanover Ins. Co. v. Shedd - 3/10/1997
Insurance, Coverage, Underinsured motorist, Construction of policy.
FRIED, J. This case asks us to decide whether a named insured under a Massachusetts policy who elects not to obtain underinsured motorist coverage, and thus...
Palermo v. Fireman's Fund Ins. Co. - 3/6/1997
Consumer Protection Act, Insurance, Unfair act or practice.Unfair Competition. Insurance, Unfair act or practice, Homeowner's insurance, Insurer's obligation to defend, Defense of proceedings against insured. Nuisance.
LAURENCE,...
Richardson v. Dailey - 2/13/1997
Commonwealth, Claim against, Liability for tort. Practice, Civil, Presentment of claim under Massachusetts Tort Claims Act. Municipal Corporations, Liability for tort. Massachusetts Tort Claims Act. Civil Rights, Availability of...
Highlands Ins. Co. v. Aerovox Inc. - 2/7/1997
Insurance, General liability insurance, Pollution exclusion clause. Indemnity. Evidence, Presumptions and burden of proof. Practice, Civil, Burden of proof, Summary judgment. Words, "Sudden and accidental."
FRIED, J. Highlands...
Com. v. Grassa - 2/6/1997
Robbery. Practice, Criminal, Required finding.
KAPLAN, J. The undisputed material facts are as follows. About 4:00 P.M., May 7, 1994, John Thomas and Winston Harper, plainclothed security guards at the Stop & Shop supermarket...
Adoption of Ramon - 11/25/1996
Practice, Civil, Findings by Judge. Adoption, Dispensing with parent's consent. Parent and Child, Dispensing with parent's consent to adoption. Evidence, Child custody proceeding.
WARNER, C.J. The parents appeal from a decision...
Paradoa v. CNA Ins. Co. - 11/19/1996
Agency, Independent contractor. Workers' Compensation Act, Emotional distress. Emotional Distress.
KASS, J. On an appeal from a directed verdict for the defendant CNA Insurance Company (CNA), we are asked to decide whether CNA...
Ellis v. Safety Ins. Co. - 11/18/1996
Practice, Civil, Summary judgment. Insurance, Motor vehicle insurance. Emotional Distress. Libel and Slander. Privacy. Contract, Insurance, Performance and breach. Consumer Protection Act, Unfair or deceptive act, Insurance. Civil...
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