Articles Posted in Negligence

Massachusetts Appeals Court Finds Sufficient Evidence to Support $5.9 Million Punitive Damages Award Against Equipment Rental Company – Williamson-Green v. Equipment 4 Rent, Inc.
The Law Offices of John C. Manoog III

Product liability cases can arise in a wide array of situations, including on-the-job accidents. Recently, the Massachusetts Appeals Court was called upon to decide a case in which an allegedly defective product caused the death of a man who was inspecting a roof. Although the court’s opinion did not go into detail regarding whether the…

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Massachusetts Appellate Court Finds No Reversible Error in Evidentiary Rulings or Misconduct by Counsel in Case Arising After Police Car Struck Cyclist – Basiony v. Boston
The Law Offices of John C. Manoog III

When a lawsuit is tried to a jury, not everyone is pleased with the outcome. In order to warrant the reversal of a trial court’s entry of judgment upon a jury’s verdict, however, an aggrieved party must be able to show a reversible error to the appellate court. Recently, the City of Boston sought to…

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Workers’ Compensation Insurer Was Not Entitled to Subrogation of Pain and Suffering Award in Worker’s Claim Against Third-Party Tortfeasor – DiCarlo v. Suffolk Construction Co.
The Law Offices of John C. Manoog III

Trial judges can sometimes reach different outcomes in cases involving similar issues, such as those involving workers’ compensation disputes and subrogation liens filed by insurance companies. In a recent case, the state’s highest court was faced with two cases in which trial judges had rendered very different decisions in cases involving basically the same issue.…

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The Saga Involving Chipotle Mexican Grill Continues, with Massachusetts Students Allegedly Sickened and Federal Criminal Charges a Possibility Elsewhere
The Law Offices of John C. Manoog III

In November, we told you about accusations – and a civil lawsuit – against national restaurant chain Chipotle Mexican Grill. Since then, the number of customers allegedly sickened after consuming food in the restaurants has climbed significantly, with a number of Massachusetts consumers (including dozens of Boston College students) now included in the total. Now,…

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Be Careful With Your Holiday Food Shopping, Massachusetts: Food and Drug Administration Issues Recalls
The Law Offices of John C. Manoog III

As many as 15 million Americans suffer from food allergies or sensitivities to certain food products, such as tree nuts, peanuts, and gluten. For such consumers, exposure to certain allergens can cause reactions as mild as a headache and as severe as anaphylaxis. This is one of many reasons why the correct labeling of food…

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Federal Judge in Massachusetts Car Accident Case Rules Defendant Was Not Entitled to Plaintiff’s Mental Health Records – Conklin v. Feitelberg
The Law Offices of John C. Manoog III

When a person files a lawsuit against another person, business, or governmental entity seeking payment of medical expenses, lost wages, and other damages resulting from an accident such as a car wreck, the case usually proceeds through a phase called “discovery.” During discovery, it is not usual for a defendant to request copies of a…

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Food Poisoning Cases in Northwest Cause Concern in Massachusetts and Across the Nation
The Law Offices of John C. Manoog III

Americans are eating out more often than ever, spending billions of hard-earned dollars on restaurant meals annually. It therefore comes as no surprise that food poisoning cases, too, are becoming more common. A national chain of Mexican restaurants is now being accused of sickening dozens of people in two states. One of the alleged sufferers…

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Wisconsin Jury Finds in Favor of Police Officers in Negligence Suit Against Gun Shop, Spurring Discussion in Massachusetts and Across the Nation
The Law Offices of John C. Manoog III

On the surface, it may have seemed like a case about the Second Amendment. After all, stories of disputes between police and the criminally accused are common these days, and with each shooting comes national discussion about the right to keep and bear arms. Certainly, the lawsuit brought by two police officers against a Wisconsin…

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General Motors’ Failure to Disclose Product Defects Leads to Criminal Charges
The Law Offices of John C. Manoog III

There’s a well-known expression to the effect, “As goes General Motors, so goes the nation.” That is a rather unsettling thought, given recent developments in the continuing saga over GM’s alleged failure to properly disclose safety violations in some of their automobiles. According to a press release from the Unites States Department of Justice, GM…

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Possibility of Sexual Assault by Hospital Interpreter Was Foreseeable – Doe v. Boston Medical Center Corporation
The Law Offices of John C. Manoog III

Many things can go wrong in a hospital setting. A doctor or nurse can fail to follow the established standard of care, and a patient can suffer the consequences of medical malpractice. A janitor can fail to put up a “wet floor” sign, causing a visitor to slip and fall. A security guard can fail…

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