In a Cape Cod personal injury case, the plaintiff has the burden of proving four elements, each by a preponderance of the evidence. These elements include duty, breach of duty, damages, and causation. Once these elements have been proven, it is up to the jury to determine the amount of money damages to which the plaintiff is entitled in compensation for his or her injuries.
Along the way, both the plaintiff and the defendant are bound by certain rules regarding the admissibility of evidence and the civil procedures to be used. If an overzealous legal advocate runs afoul of these rules, it is up to the trial court judge – and ultimately the appeals courts, if further review is taken – to decide whether a new trial is warranted under the circumstances. As was reiterated in a recent case, the question is not merely whether there was wrongdoing by an attorney at trial but, rather, whether the misconduct had such an effect on the jury that a mistrial was required.
Facts of the Case
In a recent case considered on appeal by the Massachusetts Appeals Court, the plaintiff was a woman who suffered a broken tooth while eating a fast food hamburger in 2011. After determining that there had been a bone fragment in the burger, the plaintiff filed suit against the defendants, the restaurant where the hamburger was purchased and the company that supplied beef to the restaurant, seeking compensation for the injury to her tooth (which had required nearly two dozen trips to the dentist over a two-year period to resolve).