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I. MA - INSURANCE COVERAGE |
In Massachusetts Property Insurance Underwriting Association v. Gallagher, 75 Mass. App. Ct. 58 (2009), the Appeals Court of Massachusetts held that the "legitimate use" exception in the "controlled substances" exclusion of a homeowners' policy was not triggered by an allegation that a homeowner negligently left out prescription medication which was subsequently used by an overnight guest to commit suicide. Read On... |
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II. MA - PREMISES LIABILITY |
In Scott v. Garfield, 454 Mass. 790 (2009), the Supreme Judicial Court of Massachusetts ("SJC") held that a tenant's guest could recover damages for injuries caused by the landlord's breach of implied warranty of habitability. Read On... |
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III. NH - PREMISES LIABILITY |
In Rallis v. Demoulas Supermarkets, Inc., 977 A.2d 527 (2009), the Supreme Court of New Hampshire held that the trial court erroneously instructed the jury that the only way the plaintiff could establish that the defendant had constructive knowledge of an unsafe condition caused by spilled produce, which allegedly caused the plaintiff to slip and fall, was by showing the length of time the produce had been on the floor. Read On... |
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IV. RI - WORKERS' COMPENSATION |
In Young v. Warwick Rollermagic Skating Center, Inc., 973 A.2d 553 (R.I. 2009), the Supreme Court of Rhode Island held that a release executed by a former employee as part of a workers' compensation claim also encompassed the former employee's subsequent disability discrimination claims.
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Teri McHugh, of Boyle, Morrissey & Campo, P.C., was recently appointed by Governor Deval Patrick to the Workers' Compensation Advisory Council. The Advisory Council was created to oversee, monitor and make recommendations to improve the workers' compensation system in Massachusetts. Some of Teri's responsibilities as a member of the Council include evaluating the qualifications of administrative judges and administrative law judges; reviewing the operations of the dispute resolution system; reviewing and providing testimony to the legislature on workers' compensation bills; and reviewing employer assessments to fund the Department of Industrial Accidents. The Council consists of both labor and business representatives. Teri was appointed to the small business seat on the Council as a voting member. 