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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Rischitelli v. Safety Ins. Co. - 11/8/1996
Insurance, Motor vehicle insurance, Coverage, Uninsured motorist. Motor Vehicle, Insurance. Words, "Arising out of."
WILKINS, C.J. The plaintiff sustained personal injuries when, following a motor vehicle accident between his...
Swatch v. Treat - 11/1/1996
Social Worker. Practice, Civil, Intervention. Words, "Medical Peer Review Committee."
KASS, J. We consider the right of a medical peer review committee, within the meaning of G. L. c. 111, § 1, to intervene in a civil action...
Edwards v. Boland - 9/26/1996
Negligence, Medical malpractice, Res ipsa loquitur. Medical Malpractice, Expert opinion. Evidence, Expert opinion. Practice, Civil, Instructions to jury.
DREBEN, J. In this medical malpractice case tried in the Superior Court,...
Timpson v. Transamerica Ins. Co. - 9/19/1996
Insurance, Insurer's obligation to defend, Insured, Unfair act or practice, Settlement of claim. Agency, Scope of authority or employment. Intentional Conduct. Consumer Protection Act, Unfair or deceptive act.
WARNER, C.J. The...
Lisbon v. Contributory Retirement Appeal Bd. - 9/4/1996
Public Employment, Accidental disability retirement. Retirement. Contributory Retirement Appeal Board. Proximate Cause. Administrative Law, Agency, Judicial review, Standard of proof.
LAURENCE, J. The plaintiff, Gilbert M....
Feeley v. Baer - 9/3/1996
Practice, Civil, Directed verdict. Negligence, Medical malpractice. Medical Malpractice, Consent to medical treatment. Doctor, Duty to disclose to patient.
DREBEN, J. Eric Feeley died on October 14, 1987, five days after his...
Alake v. City of Boston - 6/27/1996
Massachusetts Tort Claims Act. Governmental Immunity. Negligence, Municipality. Municipal Corporations, Liability for tort, Governmental immunity.
LENK, J. The plaintiff alleges that she was injured on an escalator at the Blue...
Jarry v. Corsaro - 6/26/1996
Practice, Civil, Instructions to jury, Failure to make objection, Objections to jury instructions. Negligence, Medical malpractice, Standard of care. Medical Malpractice, Standard of care. Evidence, Admitted without objection. ...
Com. v. Valchuis - 6/10/1996
Statute, Construction. Limitations, Statute of. Motor Vehicle, Citation for violation of motor vehicle law, Leaving scene of accident. Practice, Criminal, Complaint.
PERRETTA, J. This appeal brings before us the questions whether...
Sarvis v. Cooper - 5/23/1996
Contract, Construction of contract, Indemnity. Indemnity. Arbitration, Award. Practice, Civil, Summary judgment.
PERRETTA, J. On January 2, 1989, the plaintiff, Robert H. Sarvis, commissioned Able Marine Services, Inc. (AMS), to...
Berkshire Mut. Ins. Co. v. Burbank - 5/16/1996
The six-year statute of limitations period on a cause of action for underinsured motorist benefits begins to run, in the absence of a contrary statute or contract provision, on the date the insurer violates the insurance contract by...
Farese v. Connolly - 5/9/1996
Stripped of procedural aspects not significant to the result (including the plaintiffs' objections to the entry of a judgment from which they have not appealed), the appeal in this medical malpractice action presents a single...
Morea v. Cosco - 5/7/1996
At the jury trial of a product liability case, the Judge correctly admitted in evidence, on the issue of damages but not liability, the amount of money paid to the plaintiff in settlement of a claim for the same injury. [602-603] ...
Green v. Wyman-Gordon Co. - 5/3/1996
The remedies and procedures of G. L. c. 151B, the employment discrimination act, are exclusive where applicable, and operated to bar a claim of sexual harassment in the workplace brought under G. L. c. 214, § 1C [554-557], as well as...
O'Brien v. Christensen - 3/14/1996
Express written obligations to repair and to be responsible for proper repair, contained in a condominium declaration of trust, operated to establish the trustees' liability for the negligent repair of a porch railing in the common...
Jancey v. School Committee of Everett - 12/12/1995
Massachusetts Equal Pay Act. Federal Equal Pay Act. Statute, Construction. School and School Committee, Compensation of personnel, Cafeteria worker, Custodian. Anti-Discrimination Law, Sex. Massachusetts Tort Claims Act. Words,...
Hanover Ins. Co. v. Pascar - 12/6/1995
Insurance, Motor vehicle insurance, Underinsured motorist. Statute, Construction.
GREANEY, J. The plaintiff, Hanover Insurance Company (Hanover), brought a complaint in the Superior Court seeking a declaration pursuant to G. L....
Harding v. DeAngelis - 11/29/1995
Wrongful Death. Actionable Tort. Devise and Legacy, Child born out of wedlock. Words, "Next of kin."
ARMSTRONG, J. The petitioner is the father of an illegitimate child who was stillborn as the result of an automobile accident....
Flynn v. Connors - 11/6/1995
Parent and Child, Support of child born out of wedlock. Statute, Construction. Practice, Criminal, Support of child born out of wedlock. Practice, Civil, Support of child born out of wedlock. Words, "A sum for past support." ...
Phinney v. Morgan - 8/28/1995
Child Abuse. Limitations, Statute of. Negligence, Emotional distress. Emotional Distress. Statute, Construction.
PORADA, J. The plaintiffs brought an action in the Superior Court against their mother for negligent and intentional...
Consedine v. Consedine - 8/9/1995
Fiduciary. Restitution. Unjust Enrichment. Jurisdiction, Foreign estate.
KASS, J. On the ground, primarily, of a want of subject matter jurisdiction, Joyce P. Consedine, widow of John W. Consedine and administratrix of his...
Neff v. Commissioner of Dept. of Indus. Accidents - 8/9/1995
Workers' Compensation Act, Costs, Procedure. Constitutional Law, Equal protection of laws. Waiver. Statute, Construction.
LIACOS, C.J. The plaintiff, Colleen Neff, filed this action for declaratory and injunctive relief in the...
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