|
|
|
|
This summary of recent developments in the law of Massachusetts, New Hampshire, and Rhode Island is provided as a courtesy to our clients. The original text of cases and statutes will be provided upon request.
John D. Boyle |
|
I. SUMMARY JUDGMENT AWARDED BASED ON CHOICE-OF-LAW ARGUMENT ON STATUTE OF LIMITATIONS |
Boyle, Morrissey & Campo, P.C. (BMC) recently prevailed on a summary judgment motion in a case alleging a serious scaffolding accident using a legal argument not previously addressed by Massachusetts courts.
|
| II. DEFENSE VERDICT AWARDED IN CATASTROPHIC BUS ACCIDENT CASE |
|
BMC shareholders Tony Campo and Scott Carroll obtained a defense verdict in the recently publicized bus crash at Gillette Stadium. The trial, including jury deliberations, lasted approximately three weeks. The defendants, operator Rebecca Valentin, represented by Carroll, and Arrow Lines Bus, represented by Campo, were able to successfully rebut the plaintiff's criticisms regarding the bus operation and alleged negligence.
Read On...
| |
|
III. MASSACHUSETTS -
AUTO INSURANCE: INSURERS INSTRUCTED TO PROVIDE WRITTEN NOTICE OF THIRD-PARTY SETTLEMENTS TO CLAIMANTS |
| The Commissioner of Insurance has issued Bulletin 2007-15, calling on auto insurance companies to send written notification to claimants when a settlement payment of $5,000 or greater in any third-party liability claim is made to the claimants' attorneys or representatives.
Read On... |
|
IV. MASSACHUSETTS -
RULES OF CIVIL PROCEDURE: SUPREME JUDICIAL COURT ANNOUNCES AMENDMENT TO R. 12 REGARDING AMOUNT OF DAMAGES |
| The Supreme Judicial Court has amended Mass. R. Civ. P. 12(b) with the addition of a new affirmative defense. Mass. R. Civ. P. 12(b)(10) states that a party may raise as a defense "improper amount of damages in Superior Court as set forth in G.L. c. 212, § 3, or in the District Court as set forth in G.L. c. 218, § 19." The new rule will go into effect on March 1, 2008.
|
|
V. MASSACHUSETTS -
LANDOWNER LIABILITY: NO RIGHT TO CAUSE OF ACTION AGAINST DECEASED LANDOWNER |
|
In Sullivan v. Rich, 71 Mass. App. Ct. 16 (2007), the Appeals Court held that the estate of a deceased landowner may not be held liable for negligence for a dangerous condition on the decedent's property, even though the condition had been known to the decedent, when the plaintiff's accident did not occur until after the decedent's death.
Read On... |
|
VI. MASSACHUSETTS -
LANDOWNER LIABILITY: OWNER OF PICK-YOUR-OWN TREE FARM MUST POST WARNING TO RECEIVE STATUTORY PROTECTION |
|
In MacFadyen v. Maki, 70 Mass. App. Ct. 618 (2007), the Appeals Court held that the owner of a pick-your-own Christmas tree farm was not entitled to protection under G.L. c. 128, § 2E, because the statute contained a mandatory requirement of posting notice with which the owner did not comply.
Read On... |
|
VII. MASSACHUSETTS -
WORKERS' COMPENSATION: DATE OF INJURY FOR PURPOSES OF COST OF LIVING ALLOWANCE |
|
In John M. Camara's Case, 71 Mass. App. Ct. 8 (2007), the Appeals Court held that, where an employee is receiving workers' compensation benefits for the recurrence of an injury after returning to work, the "date of injury" for purposes of calculating the cost of living adjustment is the date of the subsequent injury.
Read On... |
|
VIII. NEW HAMPSHIRE -
WORKERS' COMPENSATION: HOMEOWNER'S INSURER NOT LIABLE FOR BENEFITS TO INJURED ROOFER |
|
In Appeal of Harleysville Ins. Co. (New Hampshire Compensation Appeals Board), 2007 WL 4291969 (N.H.), the New Hampshire Supreme Court held that a homeowners' insurer was not liable for workers' compensation benefits owed to a roofer who was injured while working for a subcontractor hired by the homeowner, because the homeowner was not a "contractor."
Read On... |
|
IX. NEW HAMPSHIRE -
AUTO INSURANCE: UIM INSURER ENTITLED TO SET-OFF IN THE AMOUNT OF LIABILITY SETTLEMENT OBTAINED FROM TORTFEASOR'S INSURER |
|
In Barbuto v. Peerless Ins. Co., 2007 WL 4404174 (N.H.), the New Hampshire Supreme Court held that an auto insurer was entitled to reduce the underinsured motorist benefits payable to its insured by the amount the insured had already recovered from the tortfeasor's liability insurer.
|
|
X. NEW HAMPSHIRE -
MEDICAL MALPRACTICE: PHYSICIAN NOT LIABLE FOR FAILING TO PREVENT PATIENT'S SUICIDE |
|
In Maloney v. Badman, 2007 WL 4440314 (N.H.), the New Hampshire Supreme Court held that a physician was entitled to summary judgment in a wrongful death claim by the estate of a patient who committed suicide, alleging that he negligently failed to prevent her death.
|
|
XI. RHODE ISLAND -
NEGLIGENCE: INJURY BY VOLUNTEER FIREFIGHTER NOT PRECLUDED BY INJURED-ON-DUTY STATUTE |
|
In Angell v. Union Fire District of South Kingstown, 935 A.2d 943 (R.I., 2007), the Rhode Island Supreme Court held that a volunteer firefighter was not statutorily precluded from asserting a negligence action against the Fire District and his supervisor for injuries sustained in a training exercise, because he was not an "employee."
Read On... |
|
XII. EMPLOYMENT LAW - MASSACHUSETTS EMPLOYMENT LAW: NO REASONABLE ACCOMMODATION MADE FOR SEVENTH-DAY ADVENTIST'S REFUSAL TO WORK ON SABBATH |
|
In Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination, 450 Mass. 327 (2008), the Supreme Judicial Court held that the Massachusetts Bay Transportation Authority (MBTA) discriminated against a prospective employee when it failed to accommodate the prospective employee's need to observe Sabbath from sundown on Fridays to sundown on Saturdays.
| |
