Articles Posted in Negligence

Federal Court Certifies Arbitration Question to Massachusetts Supreme Judicial Court in Wrongful Death Lawsuit
The Law Offices of John C. Manoog III

When someone loses a loved one due to the negligence of an individual, business, or governmental entity, he or she should consider discussing the possibility of a wrongful death lawsuit with a qualified Massachusetts civil litigation attorney. It is important that this be done in a timely manner in order to comply with the statute…

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Massachusetts Court Finds that Plaintiff in Medical Malpractice Lawsuit Presented Enough Proof to Reviewing Tribunal to Move Forward to Trial as to Some Defendants
The Law Offices of John C. Manoog III

Filing a Cape Cod medical malpractice lawsuit is a multi-step process. Unlike other types of negligence cases (such as those stemming from car crashes or slip and fall accidents), a plaintiff must first present his or her proof to a reviewing board. If this tribunal does not find that the plaintiff has presented sufficient evidence…

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Massachusetts Appeals Court Affirms Dismissal of Negligence Claim Against Gas Company Due to Lack of Timely Notice
The Law Offices of John C. Manoog III

If you are hurt because of a slip and fall-type accident in or around Cape Cod, do you know how long you have to file a claim against the negligent party who caused the condition that led to your fall? You may think you know, but, chances are, you only know part of the answer…

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Hurt in a Cape Cod Car Accident? Things You Should Know
The Law Offices of John C. Manoog III

Each year, hundreds of Massachusetts residents lose their lives in automobile accidents, and tens of thousands more are injured. If you or a family member has recently been involved in a Cape Cod car accident, there are several things that you should know. Having the right information at the right time can go a long…

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Massachusetts Court Affirms Summary Judgment to Insurance Company in Bankruptcy Trustee’s Breach of Contract Lawsuit
The Law Offices of John C. Manoog III

Naturally, some Cape Cod automobile accident cases are more complex than others. Still, a case reviewed early this month by the Massachusetts Court of Appeals stands out as unusually protracted. Although the facts of how the accident happened were straightforward enough (a pedestrian was struck by a car while crossing the street), a total of…

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Recent Food Poisoning Scares Could Affect Massachusetts Residents’ New Year’s Resolutions
The Law Offices of John C. Manoog III

As the holiday season winds down, many Massachusetts residents may be planning to begin the new year with the resolution of healthier eating – fewer starchy processed foods and more fresh fruits and vegetables. Usually, this would be a good plan. Unfortunately, however, there have been several food contamination scares recently that could leave one…

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Massachusetts Supreme Court Holds that Transportation Authority Failed to Plead Affirmative Defense Specifically and with Particularity in Negligence Case
The Law Offices of John C. Manoog III

In a Cape Cod personal injury case, the plaintiff’s case is usually premised on a legal theory known as “negligence.” When a defendant is accused of negligence, the plaintiff is averring that he or she failed to behave in a reasonably prudent manner under the circumstances. In other words, the defendant is said to have…

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Dismissal of Wrongful Death Suit Against Homeowners on Summary Judgment Affirmed by Massachusetts Court of Appeals
The Law Offices of John C. Manoog III

When someone is killed while working on another’s property, those left behind may wish to consider the possibility of filing a Cape Cod wrongful death lawsuit. Of course, the likelihood of success in such a case depends very much on the particular circumstances of the decedent’s passing. If the personal representative of the decedent’s estate…

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Federal Court of Appeals Dismisses State Law Negligence Claim Against Prison Doctor Without Prejudice
The Law Offices of John C. Manoog III

When someone acts carelessly and causes harm to another, a negligence claim may lie under Massachusetts law. In some situations, the injured individual may have another claim as well. For example, the plaintiff in a recent case filed in federal court alleged that she had been the victim of negligence with regard to certain medical…

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Massachusetts Wrongful Death Case Arising from Shooting of Mentally Ill Man Dismissed on Summary Judgment
The Law Offices of John C. Manoog III

When someone causes the death of another person through an act of negligence or conduct that is considered to be willful, wanton, or reckless, the wrongdoer may be held liable through a Massachusetts wrongful death lawsuit. Of course, liability will not apply in every instance in which one person is responsible for the death of…

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