Personal Injury

September 7, 2018

Federal Court Says Massachusetts Law Requires Prejudgment Interest on Entire $8,250,000 Award in Personal Injury Case, Not Just on Past Damages

When the negligence of an individual, business, or governmental entity causes physical harm or death to someone, the accident victim (or his or her family, if the victim perished) has a legal right to seek compensation for medical expenses, lost wages, and other damages through a Massachusetts personal injury or wrongful death lawsuit.

If the case proceeds to a jury trial and the plaintiff is successful, he or she may also be entitled to prejudgment interest on the damages award entered by the jury.

Facts of the Case

In a recent federal case, the plaintiffs obtained a jury verdict against the defendants, an equipment company and another business, awarding them $8,250,000 in damages for injuries suffered due to the defendants’ negligence. Thereafter, the plaintiffs filed a motion seeking 12% prejudgment interest on the total amount of the judgment from February 25, 2015, until the day the judgment was entered. The defendants opposed the motion, arguing that the portions of the jury’s verdict pertaining to future lost earnings and future medical and personal care were not subject to prejudgment interest. Continue reading

August 13, 2018

Massachusetts Malpractice Law Requires Cash Bond to Continue if Tribunal Does Not Find Sufficient Evidence

By John C. Manoog III

Unlike other personal injury and wrongful death lawsuits, Massachusetts medical malpractice claims must be reviewed by a special tribunal before they may proceed in a regular courtroom. If the tribunal does not believe the claim has merit, the plaintiff has the option of filing a bond and continuing with his or her case. A recent appellate court decision dealt with this procedure, answering the question of whether the bond has to be in cash or whether a surety bond will suffice. Legal News Gavel

Facts of the Case

In the recently reviewed appellate case, the plaintiff was a man who sought to recover compensation for an alleged act of medical negligence by the defendant health care provider. He commenced his action pursuant to Massachusetts General Laws chapter 231, § 60B, and a medical malpractice tribunal was convened to review the evidence against the defendant. After consideration, the tribunal concluded that the plaintiff had not presented sufficient evidence to raise a legitimate question of liability appropriate for judicial inquiry, as required under Massachusetts law.

July 27, 2018

Appeals Court Finds No Reason to Set Aside Defense Verdict in Massachusetts Woman’s Suit Claiming She Was Injured By Defendant’s Opening of Car Door

By John C. Manoog III

Most Cape Cod automobile accident and other personal injury cases are settled outside of court. In most situations, the parties are eventually able to reach an agreement concerning issues like liability and the damages to which the plaintiff is entitled for medical expenses, pain and suffering, lost earnings, and the like.

Some cases, however, cannot be settled and must proceed to trial. It is not unusual for the party that finds himself or herself on the losing end of the jury’s verdict to appeal from the trial court’s decision. However, having a entry of judgment upon a jury’s verdict set aside on appeal can be a difficult task.

Facts of the Case

In a recent (unreported) case, the plaintiff was a woman who claimed that she sustained serious personal injuries as a result of an accident that was allegedly caused by the defendant’s lack of reasonable care in exiting his vehicle. The case was tried to a jury and resulted in a defense verdict. The plaintiff appealed, arguing that the trial court judge mishandled his “gatekeeper function” with regard to an expert witness called by the defendant and/or that the plaintiff was deprived of a fair trial. Continue reading

July 5, 2018

Massachusetts Appeals Court Says Plaintiffs in Car Accident Suit Can Collect Damages Award from Negligent Driver’s Self-Settled Trust Fund

By John C. Manoog III

There are many different types of issues that can arise in a Massachusetts car accident lawsuit – who is at fault, whether the plaintiff or a perhaps a third party are also to blame, whether a certain policy of insurance is applicable considering the particular facts giving rise to the cause of action.

Sometimes, the issue is not who is at fault or whether there is liability insurance available, but, rather, whether the defendant’s personal assets can be used to satisfy the judgment. Typically, this only happens when the defendant is either uninsured or underinsured.

However, when a particular defendant has significant wealth in addition to (or in lieu of) insurance coverage, it may be possible for the plaintiff(s) to attach the defendant’s personal assets. Of course, each case is unique and must be decided on its own merits.

June 13, 2018

Neither “Controlled Affiliate” Nor Managing Agent of Housing Authority Are Public Employers Under Massachusetts Tort Claims Act

By John C. Manoog III

In most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence.

In the case of a public entity defendant, however, there are limitations on, among other things, the maximum amount of money that the injured person can receive in a Massachusetts personal injury lawsuit arising from a governmental unit’s negligence. While this may seem unfair, the idea is that a judgment against “the government” is ultimately borne by the taxpayers. Controlling the maximum amount of a potential payout preserves the public coffers, purportedly inuring to the good of all.

Facts of the Case

The plaintiff in a recent case was a public housing development resident. According to allegations in his complaint, he slipped and fell while navigating the stairs at his unit. He filed a lawsuit against the housing authority, a “controlled affiliate” of the authority, and the managing agent authority, seeking compensation for his injuries. The housing authority and the managing agent sought partial summary judgment, asking the trial court to deem them public employers under the Massachusetts Tort Claims Act (codified at Massachusetts General Laws ch. 258, § 2) and therefore not liable for damages exceeding $100,000. The trial court judge denied the motion, concluding that the Act “clearly defines the scope of a public employer” and does not include controlled affiliates within that definition.

May 24, 2018

Massachusetts Court of Appeals Affirms Summary Judgment for School District Following Field Hockey Player’s Governmental Tort Liability Lawsuit

By John C. Manoog III

When the defendant in a Cape Cod personal injury case is a governmental entity, the plaintiff faces an uphill battle. There was a time – back before there were any exceptions to the doctrine of sovereign immunity – when the plaintiff could not recover compensation at all. Now, however, the issue of whether the government has waived sovereign immunity in a particular situation can be a subject of great dispute.

Facts of the Case

The plaintiff in a recent case was a high school athlete (joined in the lawsuit by members of her family) who suffered a concussion and other injuries after being hit by a field hockey stick wielded by a teammate during a practice session. She filed suit against the defendant school district, seeking compensation under the Massachusetts Tort Claims Act. More specifically, the plaintiff alleged that the defendant was negligent in failing to properly train and supervise coaches and students, in not monitoring the plaintiff’s injuries in an appropriate fashion, and in not implementing a written academic re-entry plan following her injuries.

April 17, 2018

Massachusetts Tort Claims Act Construed to Include Electric Company as “Public Employer”

By John C. Manoog III

Electricity is one of those things to which most of us give little thought – until something goes wrong. Unfortunately, things can sometimes go very wrong when a power company acts negligently, sometimes triggering a Massachusetts personal injury or wrongful death lawsuit.

Governmental tort liability, including the possibility of immunity from suit, can be an important factor in such cases, depending upon the particular defendant that is being sued. Such cases must be handled with the utmost care, since a procedural mistake can result in a finding that the governmental entity is not liable for the plaintiff’s harm, even when obvious negligence occurred.

Facts of the Case

April 9, 2018

Massachusetts Court of Appeals Reverses Treble Damages Award to Car Accident Victim on Unfair Settlement Practices Claim

By John C. Manoog III

When someone is injured in a Cape Cod car accident, the responsible party’s insurance company has certain responsibilities toward the injured individual. When the insurance company fails in this regard, the plaintiff may have a separate legal action against the insurer.

As with a traditional tort case, the plaintiff has the burden of proving that the insurance company acted wrongfully. Due to the punitive nature of the statute, a successful case can result in substantial damages, including up to three times the amount in controversy.

Facts of the Case

April 4, 2018

Claim Preclusion Between Two Lawsuits Results in Dismissal of Medical Malpractice Case by Massachusetts Appeals Court

By John C. Manoog III

There are many procedural hoops that must be jumped through in order for a person injured by an act of medical negligence to be successful in a Cape Cod medical malpractice lawsuit. While potential pitfalls are common in the area of negligence law, this is particularly so in claims against doctors, hospitals, nurses, and so on. Unfortunately, this sometimes means that an otherwise valid (and potentially very valuable) claim falls through the cracks due to a technicality.

Facts of the Case

In a recent (unreported) Massachusetts Appeals Court case, the plaintiff was a woman who sought compensation for the alleged medical malpractice of several defendants related to complications from gallbladder removal surgery she underwent in 2013. In an earlier case, the plaintiff (on her own behalf and on the behalf of her two minor children) asserted claims against a hospital, a surgeon, and two “John Doe” (unknown) defendants, claiming that she had suffered a bile duct injury during her surgery that required her to undergo several other (otherwise unnecessary) medical procedures later. That case was dismissed by the medical malpractice tribunal on the ground that the plaintiff had not provided sufficient evidence to raise a legitimate question of liability, and the plaintiff’s complaint was dismissed with prejudice.

March 27, 2018

Massachusetts Court of Appeals Affirms Dismissal of Paralyzed Woman’s Claim for Relief from Judgment Due to Alleged Fraud by Vehicle Manufacturer in Prior Product Liability Lawsuit

By John C. Manoog III

In personal injury and wrongful death cases, there are sometimes multiple theories of liability. In a Cape Cod product liability case, for instance, the plaintiff may allege that the defendant manufacturer was negligent in the design of an unreasonably dangerous product and that the defendant should be held accountable for its failure to warn the consumer of the dangerous propensity of the product in question. These theories are not necessarily inconsistent.

Sometimes, however, a plaintiff may have to decide between legal theories that could be considered inconsistent. A recent case explored the complications that can arise in such situations.

Facts of the Case