Articles Posted in Personal Injury

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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Massachusetts Appeals Court Says “No UM Coverage” When Accident Victim Identified Alleged “Hit and Run Vehicle” and Vehicle Was Insured
The Law Offices of John C. Manoog III

When someone leaves the scene of a Massachusetts car accident that results in property damage or personal injuries, he or she can be subject to both a fine and possible imprisonment. A civil negligence case is also a possibility, if the person who was hurt or whose vehicle was damaged in the crash is able…

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Massachusetts Appeals Court Sides With Vintage Car Owner After Vehicle Rolls Off Truck and Causes Accident
The Law Offices of John C. Manoog III

The fact is, most Massachusetts car accident cases settle out of court, even though the litigants in such cases have a right to have a jury decide the merits of their claims (and defenses). There are many reasons for this, including the costliness and time involved in a jury trial. Additionally, when a case settles,…

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Massachusetts Appeals Court Grants Immunity to City in Negligence Case by Man Injured by Gun Returned to Shooter by Police Department
The Law Offices of John C. Manoog III

With some of the deadliest mass shootings in U.S. history occurring in just the past few months, there’s been a lot of talk about the rules, regulations, and laws that pertain to firearms. Very often, the victims of such killings are left with no remedy against the perpetrator. Even if a personal injury or wrongful…

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Massachusetts Appeals Court Affirms Summary Judgment Based on Component Parts Doctrine in Product Liability Case
The Law Offices of John C. Manoog III

A Cape Cod product liability lawsuit can arise from something small and simple or from something large and complex. If the product in question is of the more complex variety, it is possible that there may be multiple defendants involved, especially if the product was made of many different pieces. In cases involving multiple component…

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