Articles Posted in Negligence

Massachussetts Department of Transportation Posts Electronic “Use Yah Blinkah!” Road Signs
The Law Offices of John C. Manoog III

When the Massachusetts Department of Transportation decided to display a new message on its electronic message boards throughout the Boston area a few weeks ago, they hoped to catch the attention of drivers who might otherwise forget an important state law. In a dialect instantly recognizable to Bay State motorists, the department advised drivers to…

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Social Media Post Could Cost Your Case or Legal Settlement – Just Ask the Girl Whose Facebook Post Cost Her Family $80,000
The Law Offices of John C. Manoog III

In the age of social media, it is critical that lawyers warn their clients about the legal consequences of sharing information. A Florida Court, the Third District Court of Appeals, ruled that an age discrimination plaintiff will not receive his $80,000 settlement due to a post his daughter made on Facebook. While in the middle…

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Health Care Proxy Can’t Bind Principal to Arbitration Clause Says Massachusetts Supreme Judicial Court — Johnson v. Kindred Health Care, Inc.
The Law Offices of John C. Manoog III

Over the past several decades, arbitration clauses have increasingly been used to resolve legal disputes. An Arbitration clause is an agreement between two contracting parties to settle their disputes in arbitration as opposed to going to trial. Their increased use has several justifications including reducing court volume. It may be strange to find an article…

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In Massachusetts, How Far Does the Physician Duty to Unknown Third Parties Extend? — Medina v. Hochberg
The Law Offices of John C. Manoog III

With personal injury cases, sometimes an individual will be found liable for an injury to a party they do not even know. The courts are reluctant to extend liability to these unknown third parties, especially when they involve a patient-physician relationship. In 2007, the Supreme Judicial Court of Massachusetts (“SJC”) allowed for physician liability to…

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Your Cape Cod Personal Injury Case and Knowing the Rules of Evidence — NE Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company
The Law Offices of John C. Manoog III

In order to preserve evidence in your Cape Cod personal injury case, it is critical to talk to an experienced Hyannis Personal Injury Lawyer. Personal injury cases usually require the need of expert testimony and compiled works as evidence to prove a case. The rules of evidence used to bring this type of evidence can…

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Massachusetts Insurance Company Liable for All Tort-Related Costs in Unfair and Deceptive Settlement Case — Rivera v. Commerce Ins. Co.
The Law Offices of John C. Manoog III

Massachusetts has one of the strongest Consumer Protection Acts in the country. Under Massachusetts General Law Chapter 93A, known as Massachusetts Consumer Protection Act, the Attorney General or a consumer can bring a legal action against unfair or deceptive conduct in the market place. This includes unfair and deceptive settlement practices when insurance companies unreasonably…

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Massachusetts Supreme Court Upheld $18 Million Punitive Damages Award in Wrongful Death Action
The Law Offices of John C. Manoog III

A 29 year-old woman was visiting relatives in Massachusetts when she tried to use an inflatable swimming pool slide that was imported and sold by Toys R Us, Inc. and ToysrUs.com, LLC (“Toys R Us”). As she slid down head first, the slide collapsed when she reached the bottom and her head struck the concrete…

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Two Injured in Crash in Orleans’ Stop and Shop Parking Lot
The Law Offices of John C. Manoog III

Car accidents are a fairly common occurrence in Cape Cod and throughout Massachusetts. It is one of the main reasons most drivers carry some form of vehicle insurance, to protect themselves from assorted claims. People who are injured in accidents that are caused by the negligence of another driver, are entitled to compensation for their…

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Court Orders Parties in a Slip-and-Fall Case to Hire a Neutral “Computer Expert” to Examine Plaintiff’s Facebook Page
The Law Offices of John C. Manoog III

People in Cape Cod, and throughout the world, are increasingly accessing the Internet for many different purposes. According to a 2010 report by the United States Department of Commerce, more than three-quarters, or 77 percent, of all American households had a computer at home. Technology offers countless benefits — from instant information to social media…

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Construction Worker Falls 30 Feet From Scaffolding at a Country Club in Mashpee
The Law Offices of John C. Manoog III

The Cape Cod Today reported that a construction worker survived a 30-foot fall from scaffolding while working at Willowbend Country Club in Mashpee. According to reports, the worker had suffered head and back injuries, but his condition was unknown. The man fell while working at the pool area of the club, and was later transported…

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