Articles Posted in Personal Injury

Massachusetts Court of Appeals Affirms Summary Judgment to Insurance Company in Dog Bite Case
The Law Offices of John C. Manoog III

In a Cape Cod dog bite injury lawsuit, there can be a wide variety of issues. As always, the burden of proof lies on the party asserting the claim. Insurance coverage can be an issue in some cases. Depending on the facts, it may be the plaintiff, or it may be the defendant who is…

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Appeals Court in Massachusetts Considers Whether to Vacate $3.2 Million Default Judgment Against Allegedly Negligent Construction Company
The Law Offices of John C. Manoog III

Most Massachusetts personal injury lawsuits proceed in a back-and-forth fashion reminiscent of a tennis match. The plaintiff serves his or her complaint on the defendant, and then the defendant responds by filing an answer. The parties then file discovery requests, to which the opposing party files an answer. Motions may be filed, with responses thereto…

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PIP Claim Denied in Case in Which Massachusetts Woman Failed to Appear for Three Separate Examinations Under Oath
The Law Offices of John C. Manoog III

Being involved in a Massachusetts automobile accident can be difficult enough, on its own. Damage to one’s automobile, pain and suffering from physical injuries, and time off of work while recuperating are all common problems for those who are hurt due to others’ negligence behind the wheel. Unfortunately, the accident itself may be only the…

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Massachusetts Court Affirms Defense Judgment in Construction Accident Lawsuit
The Law Offices of John C. Manoog III

Construction site accidents are common in Cape Cod and elsewhere in Massachusetts. Unfortunately, legal claims arising from these types of on-the-job injuries can be more difficult to pursue than more traditional workers’ compensation cases. One reason for this is that those in the construction industry may be injured by someone other than his or her…

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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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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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