Cape Cod Injury Lawyer Blog

July 28, 2020

Massachusetts Appellate Court Affirms Dismissal of Wrongful Death Lawsuit Due to Lack of Duty on Homeowners

The first question that must be answered in any Cape Cod wrongful death or personal injury lawsuit is, “Did the defendant owe a duty of care to the plaintiff?” The answer to this inquiry can be impacted by state statutes, existing case law, local ordinances, the particular facts of the case, the relationship between the parties, and various other matters.

If the defendant did owe a duty of care to the plaintiff, the next step is to determine whether the duty was breached. If it was, then the issue turns to the question of causation and, then, damages. Only if the defendant owed the plaintiff a duty of care, breached that duty, and thereby proximately caused legal damages to him or her may the case be resolved in the plaintiff’s favor.

If the answer to the duty question is “no,” the case ends there – unless the trial court’s judgment is appealed, of course. Then, a higher court may take a look at the case to determine whether a mistake was made in the lower tribunal. Only if the appealing party can convince the appellate court that a reversible error was made will there be a reversal of the lower court’s decision and a reinstatement of the plaintiff’s complaint.

July 22, 2020

Massachusetts’ Three-Year Statute of Limitation Applied to Subrogation Claim for Injuries to Construction Worker from Another State

By John C. Manoog III

Most people are at least vaguely aware that there are deadlines for filing a claim in a Cape Cod work injury case. The particulars of those procedural rules, however, are not as widely understood. As the following case indicates, sometimes the statutes of limitations can even be a matter of dispute, due to the unique facts of a given case.

If you or someone in your family has been hurt at work, it is best to talk to a lawyer right away. A knowledgeable work injury attorney will talk to you about the details of your accident and advise you of the procedure for protecting your claim and your legal rights.

Waiting too long to take legal action can result in total forfeiture of an otherwise valid claim, so it important to understand the necessary steps in your particular case. It is important to note that, while there are general statutes of limitation for workers’ compensation cases, the circumstances of your particular case may alter that general timeline. This is especially true in cases involving product injury, injuries out of state, and accidents that were caused by the negligence of a governmental entity.

July 14, 2020

Massachusetts Appeals Court Sides with Insured in Third Party Claim as to Insurance Coverage in Lead Poisoning Case

By John C. Manoog III

In most Cape Cod personal injury lawsuits, the main issue is whether the defendant should be held liable for the plaintiff’s injuries and, if so, the amount of compensation to which the plaintiff is entitled for his or her medical expenses, lost earnings, pain and suffering, and other damages. The defendant’s insurance company is somewhat of a “silent partner” in the case, insomuch as it pays the defendant’s legal expenses and, when all is said and done, writes the check that satisfies the jury’s verdict but is otherwise out of view.

In some cases, however, the insurance company’s participation is more direct. In a recent case, the defendants filed a third-party action against their insurance company, which they averred had wrongfully denied a claim that had been filed against them.

After the original claim between the defendants and the parties who sought compensation for certain personal injuries was settled, the defendants’ claim against the insurance company proceeded to trial – twice. After the second trial, the insurance company sought appellate review of the decision entered against it in the court below.

July 8, 2020

Massachusetts Appeals Court Upholds Summary Judgment to Homeowner in Carpenter’s Negligence Lawsuit

By John C. Manoog III

Workers’ compensation laws are designed to protect those who are hurt at work. However, different situations in the workplace can result in different outcomes. For example, someone who was working as an independent contractor may have a harder fight when attempting to seek payment for an on-the-job injury than a “regular” employee.

If you have been injured at work, you should understand both your legal rights and your own responsibilities, such as the giving of timely notice. Understanding what is required of both you and the entity for whom you were working at the time of the accident is important as you go about seeking the compensation to which you are entitled.

Please keep in mind that, even in the age of COVID-19, there are deadlines for filing claims. Failure to take timely legal action on a Cape Cod workers’ compensation injury case will likely mean that your right to pursue compensation will be deemed waived.

June 26, 2020

Federal District Court in Massachusetts Is Called Upon to Determine Proper Forum for Cross-Claims in Products Liability Lawsuit

By John C. Manoog III

In a Cape Cod products liability case, there are likely to be several defendants. This is because several different parties in the chain of distribution – from the manufacturer to the wholesale distributor to the retailer – can potentially be liable to the plaintiff.

While it might seem simpler to name only a single defendant, this is rarely wise. Naming multiple defendants can help ensure that the plaintiff ultimately receives what he or she is due if there is a favorable judgment, even if one or more of the defendants proves to be insolvent or has limited resources for satisfying the plaintiff’s claim.

When there are several defendants, each of whom could potentially be held liable for a plaintiff’s personal injuries, it is not unusual for there to be cross-claims between the defendants as each attempts to limit its own monetary outlay to the plaintiff. Experienced product injury lawyers are well-acquainted with these tactics and understand that this “infighting” between the defendants cannot stand in the way of the injured party’s quest for justice.

June 22, 2020

Massachusetts Appeals Court Agrees with Lower Tribunal That Moving Company Could Not Be Held Liable for Employee’s After-Hours Sexual Assault on Non-Customer

By John C. Manoog III

There are four things that must be proven in a Cape Cod negligence case: duty, breach of duty, damages, and causation. “Duty” means that the plaintiff has to show that the defendant had an obligation to either act in a certain manner or refrain from acting in a particular way. “Breach of duty” occurs when the defendant failed to perform the action(s) required by the duty he or she had to the plaintiff or when the plaintiff performed an action that he or she should not have, given the duty. For example, drivers owe one another a duty to keep a proper lookout while driving. If a driver is looking down to read a text, he or she has likely breached this duty. If you’ve been injured and believe another person may be responsible, discussing the details of the incident with a Cape Cod personal injury lawyer is a good idea.

Not every breach of duty results in a finding of liability, however. This is because there must also be proof of damages (such as physical injury) and proximate causation. The question of proximate causation is more than a simple “someone breached a duty and someone else got hurt” proposition. Rather, the harm that befell the plaintiff must have been a foreseeable result of the breach of duty.

Sometimes, a defendant may have blatantly breached a duty of some sort but still not be held liable for a plaintiff’s injuries. This is because, in the court’s view (or in the jury’s view, if the case proceeds to trial) the harm that resulted was beyond that which a reasonable person would have foreseen at the time that the defendant acted (or failed to act).

June 12, 2020

Massachusetts Appeals Court Discusses Duties Owed – and Not Owed – Directly to a Parent Whose Child is Being Treated by a Healthcare Professional

By John C. Manoog III

Being the victim of professional malpractice can be doubly difficult. First, there is the harm caused by a negligent Cape Cod doctor, nurse, or other provider. This alone can be substantial, expensive to rectify (if this is even possible), and life-altering.

Then, there is the emotional difficulty of accepting that someone you trusted to help you was actually the person or entity that caused the harm. The idea of confronting a careless medical professional in a court of law can be daunting, and, truth told, can even dissuade some would-be litigants from seeking compensation for what has happened to them.

However, this only serves to give the negligent provider a “free pass” to continue such conduct in the future, possibly leading to additional patient harm or even death. If you find yourself as the victim of medical malpractice, it is important to consult a Cape Cod medical malpractice attorney who can explain your legal rights, the process of filing a claim, and the procedure necessary in order to seek fair compensation for your injuries.

June 8, 2020

Massachusetts Appellate Court Refuses to Set Aside Arbitration Award in Car Accident Case

By John C. Manoog III

While the right to a trial-by-jury in a Cape Cod car accident case is very important, there are sometimes occasions when the parties to such a matter may opt to submit their dispute to arbitration rather than move forward with a traditional trial. Like other kinds of alternative dispute resolution such as mediation, arbitration takes the case away from the consideration of a traditional judge and jury and places decision-making into the hands of one or more neutral persons.

In such a situation, there may be a single arbitrator, or there may be several. The result of the arbitration may be binding or non-binding (although, typically, “arbitration tends to be binding, while “mediation” tends to be non-binding).

Arbitration can sometimes be mandatory (such as when someone has signed an agreement to arbitrate all claims prior to the accident or event at issue). Arbitration can also be entered into by the agreement of the parties when all sides believe that it is the most fair and effective means of resolving the issues in a particular case.

May 27, 2020

Massachusetts Was More Convenient Forum in Federal Case Involving Grocery Store Slip and Fall

By John C. Manoog III

Ideally, the outcome of a Cape Cod premises liability or personal injury case would be the same regardless of whether it went to trial in a state court or a federal court, before a jury or just a judge, or in the city or in a small town. Justice is justice, right?

Unfortunately, the court system is far from perfect, and there can be differences in the outcome of a given case based on these and other factors. Because of this, the plaintiff in a case may choose to file his case in one venue rather than another – if there is a potential choice about such matters, given the facts. Defendants, too, sometime engage in “forum shopping” of sorts by seeking removal of a state case to federal court or transferal of a federal case from one district to another.

Facts of the Case

The plaintiff in a recent slip and fall negligence case was a man who alleged that he was injured when he slipped on a “wet, dangerous, and hazardous condition” located on the floor of a Massachusetts grocery store. He filed suit against the defendant store owners in a New Jersey state court in late 2019, seeking fair compensation for his medical expenses and associated damages resulting from the fall. The defendants removed the case to a federal court located in New Jersey based on diversity of citizenship.

May 20, 2020

Trial Court Should Have Suppressed Evidence Obtained During Warrantless Seizure of Massachusetts Man’s Cell Phones

By John C. Manoog III

Questions concerning the legality of searches and seizures can play heavily in the resolution of a Cape Cod criminal defense case. With appropriate legal representation, it is sometimes possible to get potentially incriminating evidence excluded from the jury’s consideration at trial.

Without this evidence, the Commonwealth’s case may quickly fall apart. This can result in a plea bargain on lesser charges, or, in some cases, in outright dismissal of the case. Of course, the Commonwealth will usually fight hard against such a result, so it is important that the defendant be represented by an attorney well-versed in this area of the law.

Facts of the Case

In a recent case, the defendant was arrested on numerous drug charges in 2009. He filed a motion to suppress certain evidence concerning calls made to his cell phones – and intercepted by police while he was in custody – relating to the possible sale of illegal substances. The trial court denied the defendant’s motion, and he was convicted on multiple charges. He appealed, seeking relief from his convictions.