Articles Posted in Negligence

Clerical Error Results in Police Arresting Man Who Had Already Paid Fine, Scuffle Ensues and Defendant Is Arrested on Additional Charges – Hunt v. Massi
The Law Offices of John C. Manoog III

People often react negatively to the experience of being arrested. There is a high level of embarrassment, a dread of impending confinement, and sometimes a significant level of pain as the arrest is effectuated. A recent case in the United States Court of Appeals for the First Circuit illustrates some of the issues that can…

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$990 Dispute, Reduced to $188 before Trial, Results in $25,343 Verdict Upheld by Massachusetts Appellate Court – Hartunian v. Pilgrim Insurance Company
The Law Offices of John C. Manoog III

Insurance adjustors have been known to use the expression “making a mountain out of a mole hill” when attempting to bargain down the value of a claim. In a recent case, a “mole hill” of a claim turned into a mountain of a judgment when a $990 dispute, which was reduced to a $188 dispute…

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Out-of-State Attorney’s Pro Hac Vice Admission in Massachusetts Case Revoked Due to “Point Blank” Lie to Court – Ryan v. Astra Tech, Inc.
The Law Offices of John C. Manoog III

Usually, an attorney must be licensed in a given state before he or she can practice law in the courts of that state. There is an exception to this general rule, however. In some situations, an attorney may be admitted pro hac vice for one particular case. Taken literary, “pro hac vice” means “for this…

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Recall of “Hello Kitty” Whistles Sold in Happy Meals – Choking and Aspiration Hazards
The Law Offices of John C. Manoog III

When you think about the dangers of fast food, you probably think of things like calories, fat grams, and salt. While those are certainly worthy of consideration, there can sometimes be a more immediate threat lurking in that steaming bag of chicken nuggets and French fries. The Consumer Product Safety Commission recently issued a recall…

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Proceeds of a Third Party Settlement Compensating a Massachusetts Employee for Pain and Suffering Were Not Subject to a Worker’s Compensation Lien – DiCarlo v. Suffock Construction Company
The Law Offices of John C. Manoog III

Although some workers’ compensation cases are fairly straightforward with the employee as the claimant and the employer as the defendant, work injury claims can sometimes be very complex and involve multiple defendants and even multiple lawsuits. In situations in which an injured worker is successful in a case against a third party, the employer’s insurance…

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Product Liability Suit Against Massachusetts Tubing Maker Fails for Lack of Standing – Kerin v. Titeflex Corporation
The Law Offices of John C. Manoog III

There are several potential theories of liability in product liability actions, including failure to warn, design defect, and breach of warranty, to name a few. An experienced product liability attorney often asserts multiple causes of action, knowing that, as the case progresses, some of the theories may prove to be more successful that others. Of…

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Administration of Toxic Dose of Tumescent Solution is Possible Grounds for Malpractice – Thou v. Russo
The Law Offices of John C. Manoog III

We all want to trust our doctors, and in most cases that trust is well-placed. However, doctors make mistakes just like everyone else does. Unfortunately, when a doctor makes an error, serious injury or even death can result. If you believe you or a loved one has suffered an injury due to a medical mistake,…

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Massachusetts Chiropractor Had Right to Sue for PIP Payment: Barron Chiropractic & Rehabilitation, P.C. vs. Norfolk & Dedham Group
The Law Offices of John C. Manoog III

Make no mistake about it: insurance companies are in business to make money, and they will often fight tooth and nail to avoid paying legitimate claims. In the case of Barron Chiropractic & Rehabilitation, P.C. vs. Norfolk & Dedham Group, a medical provider had to fight all the way to the state supreme judicial court…

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$1.228 Million Verdict Set Aside in Trolley Wreck Case – Fyffe v. Massachusetts Bay Transportation Authority
The Law Offices of John C. Manoog III

On May 8, 2009, the plaintiff in the case of Fyffe v. Massachusetts Bay Transportation Authority was a passenger on a trolley operated by the defendant transportation authority. The plaintiff’s trolley struck another trolley, thereby injuring the plaintiff. She filed suit against the transportation authority and the operator of her trolley, alleging that they were…

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Teamsters and Others File Federal Lawsuit Asking Federal Motor Carrier Safety Administration to Increase Trucker Training Requirements
The Law Offices of John C. Manoog III

Driving an 18-wheeler is no easy task. The size and weight of large commercial trucks, combined with the possibility of shifting loads, make them much more difficult to maneuver than smaller vehicles. When a truck accident occurs, injuries and even deaths are common. Trucking companies should recognize this danger and spend a reasonable amount of…

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