Articles Posted in Personal Injury

Massachusetts Appeals Court Says Plaintiffs in Car Accident Suit Can Collect Damages Award from Negligent Driver’s Self-Settled Trust Fund
The Law Offices of John C. Manoog III

There are many different types of issues that can arise in a Massachusetts car accident lawsuit – who is at fault, whether the plaintiff or a perhaps a third party are also to blame, whether a certain policy of insurance is applicable considering the particular facts giving rise to the cause of action. Sometimes, the…

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Neither “Controlled Affiliate” Nor Managing Agent of Housing Authority Are Public Employers Under Massachusetts Tort Claims Act
The Law Offices of John C. Manoog III

In most circumstances, a person who is harmed by the negligence of another party can seek monetary compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by the act of negligence. In the case of a public entity defendant, however, there are limitations on, among other things, the maximum amount of…

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Massachusetts Court of Appeals Affirms Summary Judgment for School District Following Field Hockey Player’s Governmental Tort Liability Lawsuit
The Law Offices of John C. Manoog III

When the defendant in a Cape Cod personal injury case is a governmental entity, the plaintiff faces an uphill battle. There was a time – back before there were any exceptions to the doctrine of sovereign immunity – when the plaintiff could not recover compensation at all. Now, however, the issue of whether the government…

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Massachusetts Tort Claims Act Construed to Include Electric Company as “Public Employer”
The Law Offices of John C. Manoog III

Electricity is one of those things to which most of us give little thought – until something goes wrong. Unfortunately, things can sometimes go very wrong when a power company acts negligently, sometimes triggering a Massachusetts personal injury or wrongful death lawsuit. Governmental tort liability, including the possibility of immunity from suit, can be an…

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Claim Preclusion Between Two Lawsuits Results in Dismissal of Medical Malpractice Case by Massachusetts Appeals Court
The Law Offices of John C. Manoog III

There are many procedural hoops that must be jumped through in order for a person injured by an act of medical negligence to be successful in a Cape Cod medical malpractice lawsuit. While potential pitfalls are common in the area of negligence law, this is particularly so in claims against doctors, hospitals, nurses, and so…

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Massachusetts Court of Appeals Affirms Dismissal of Paralyzed Woman’s Claim for Relief from Judgment Due to Alleged Fraud by Vehicle Manufacturer in Prior Product Liability Lawsuit
The Law Offices of John C. Manoog III

In personal injury and wrongful death cases, there are sometimes multiple theories of liability. In a Cape Cod product liability case, for instance, the plaintiff may allege that the defendant manufacturer was negligent in the design of an unreasonably dangerous product and that the defendant should be held accountable for its failure to warn the…

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Massachusetts Supreme Judicial Court Says Patient Who Took Generic Drug Could Have Claim Against Manufacturer of Name Brand Drug for Failure to Warn, if Defendant Acted Recklessly
The Law Offices of John C. Manoog III

Approximately seven out of every 10 Americans take a prescription medication. While the majority of these drugs are reasonably safe (virtually every medicine has some side effect), there has been a trend in recent years for drugs to be put on the market before the full effects are adequately studied. A number of Massachusetts product…

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Massachusetts’ Highest Court Sides with School Officials in Negligence Case Brought by Parents of Student Rendered Quadriplegic by Bullying
The Law Offices of John C. Manoog III

Bullying is a terrible problem in schools these days. Sometimes, a Massachusetts personal injury or wrongful death claim can arise from injuries caused by bullies. While each case stands on its own facts, a common issue in such cases is, “is the school liable?” In a case that made its way all the way to…

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NHTSA Issues New Recalls, Warning Drivers in Massachusetts and Elsewhere of Possible Dangers
The Law Offices of John C. Manoog III

The National Highway Traffic Safety Administration (NHTSA) is an arm of the federal government whose mission is to save lives, prevent injuries, and reduce costs due to traffic crashes. The entity’s website lists many statistics illustrating its success, including a “safety success” of decreasing Massachusetts fatal car accidents in rural towns by 48% in 2015.…

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Court of Appeals Affirms Defense Verdict in Massachusetts Product Liability Case Against Maker of School Meatballs Upon Which Child Allegedly Choked
The Law Offices of John C. Manoog III

A Cape Cod product liability case can arise from many different types of products and can involve several different theories of liability. Claims of strict liability, negligence, defective design, manufacturing defect, breach of warranty, or failure to warn may be alleged, depending on the circumstances. Since product liability lawsuits are subject to both a statute…

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