Articles Posted in Personal Injury

Massachusetts Was More Convenient Forum in Federal Case Involving Grocery Store Slip and Fall
The Law Offices of John C. Manoog III

Ideally, the outcome of a Cape Cod premises liability or personal injury case would be the same regardless of whether it went to trial in a state court or a federal court, before a jury or just a judge, or in the city or in a small town. Justice is justice, right? Unfortunately, the court…

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Massachusetts Appeals Court Reverses and Remands in Case in Which Defendant Alleged There Was a Settlement but the Plaintiff Disagreed
The Law Offices of John C. Manoog III

Many Cape Cod personal injury cases settle outside of court. Some claims settle before a lawsuit has been filed, some suits settle after the discovery phase has been completed, and some cases literally settle on the front steps of the courthouse. In most situations, the parties agree that the case has been settled, paperwork is…

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Federal Court of Appeals Affirms, with Modifications, Judgment in Favor of Massachusetts Woman in Unfair Settlement Practices Claim Against Night Club’s Insurer
The Law Offices of John C. Manoog III

It is to be expected that an insurance company will do everything within its power to limit the payout on a Cape Cod personal injury or wrongful death case. However, there are limitations on just how far an insurance company can go in its attempt to protect its pocketbook. Under Massachusetts’ consumer protection laws, “unfair…

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Massachusetts Supreme Judicial Court Answers Federal Appeals Court’s Question About State Wrongful Death Statute
The Law Offices of John C. Manoog III

and more often, defendants in Cape Cod wrongful death and personal injury lawsuits are attempting to circumvent the traditional litigation process in cases charging them with negligent or reckless conduct. Of course, this tactic is more common in certain scenarios than in others. For example, in nursing home negligence cases, defendant care facilities often rely…

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Pro Se Litigant’s Petition for Review Dismissed by Massachusetts Supreme Judicial Court
The Law Offices of John C. Manoog III

In a Cape Cod personal injury lawsuit, there are many laws, procedures, and rules that guide a case through the legal system. Experienced litigation attorneys are schooled in these matters and have systems in place to make sure that everything is filed in a timely and appropriate matter. Those who chose to represent themselves –…

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What Massachusetts Residents Need to Know About Automobile Insurance
The Law Offices of John C. Manoog III

It is no secret that having the right automobile accident insurance is important, but many people do not truly understand the type of insurance that they need or even what coverage they currently have. Unfortunately, some drivers do not learn that they have inadequate coverage until they have been involved in a Cape Cod car…

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Fire Risk From Faulty Products is an Ongoing Concern in Massachusetts and Across the Country
The Law Offices of John C. Manoog III

When a defective product causes injury or death to a consumer, the consumer (or his or her family) may be able to recover a settlement or judgment against the company that made the product. In some situations, the wholesaler and or seller may also be liable. There are several different legal theories upon which the…

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Foster Family’s Claim Against State Child Services Department Was Not Barred by Massachusetts Governmental Tort Act
The Law Offices of John C. Manoog III

Maintaining a personal injury or wrongful death claim against a governmental entity can be difficult. In fact, there was once a time in which such claims were not allowed under the law. Nowadays, however, a Cape Cod personal injury lawsuit against the government may be possible in some situations, although it can be expected that…

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Massachusetts Court Affirms Summary Judgment to Player, Coaches, and Refs in Hockey Player’s Personal Injury Lawsuit
The Law Offices of John C. Manoog III

In a Cape Cod personal injury lawsuit, the essential question is, did the defendant behave in a reasonably prudent manner under the circumstances? These types of cases can be very fact-specific, as what constitutes “reasonable” can vary substantially from situation to situation. For example, generally speaking, it would not be considered reasonable to run into…

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Massachusetts Tort Claims Act Protects Transportation Authority from Claim Arising from Discretionary Function
The Law Offices of John C. Manoog III

When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can…

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