Articles Posted in Personal Injury

Federal District Court in Massachusetts Holds that Jurisdiction Outside the United States is More Convenient Forum for Boating Accident Case
The Law Offices of John C. Manoog III

One of the first considerations in a personal injury lawsuit in Massachusetts, such as a negligence claim arising from a Cape Cod boating accident, is the forum in which the plaintiff’s claim will be filed. Often, there is but a single possibility for the filing of such a case, so the inquiry is a relatively…

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Summary Judgment to Insurance Company on Claim for Indemnification in Massachusetts Case Involving Injuries from Altercation Held Erroneous
The Law Offices of John C. Manoog III

When it comes to the ultimate outcome of a Cape Cod personal injury case, the availability of liability insurance is one of the most important factors to be considered. Assuming that there is a policy of insurance that covers the occurrence at issue, another important consideration is the policy limits of such coverage. In the…

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Massachusetts Appeals Court Sides with Insured in Third Party Claim as to Insurance Coverage in Lead Poisoning Case
The Law Offices of John C. Manoog III

In most Cape Cod personal injury lawsuits, the main issue is whether the defendant should be held liable for the plaintiff’s injuries and, if so, the amount of compensation to which the plaintiff is entitled for his or her medical expenses, lost earnings, pain and suffering, and other damages. The defendant’s insurance company is somewhat…

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Federal District Court in Massachusetts Is Called Upon to Determine Proper Forum for Cross-Claims in Products Liability Lawsuit
The Law Offices of John C. Manoog III

In a Cape Cod products liability case, there are likely to be several defendants. This is because several different parties in the chain of distribution – from the manufacturer to the wholesale distributor to the retailer – can potentially be liable to the plaintiff. While it might seem simpler to name only a single defendant,…

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Massachusetts Appeals Court Agrees with Lower Tribunal That Moving Company Could Not Be Held Liable for Employee’s After-Hours Sexual Assault on Non-Customer
The Law Offices of John C. Manoog III

There are four things that must be proven in a Cape Cod negligence case: duty, breach of duty, damages, and causation. “Duty” means that the plaintiff has to show that the defendant had an obligation to either act in a certain manner or refrain from acting in a particular way. “Breach of duty” occurs when…

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Massachusetts Appeals Court Discusses Duties Owed – and Not Owed – Directly to a Parent Whose Child is Being Treated by a Healthcare Professional
The Law Offices of John C. Manoog III

Being the victim of professional malpractice can be doubly difficult. First, there is the harm caused by a negligent Cape Cod doctor, nurse, or other provider. This alone can be substantial, expensive to rectify (if this is even possible), and life-altering. Then, there is the emotional difficulty of accepting that someone you trusted to help…

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Massachusetts Appellate Court Refuses to Set Aside Arbitration Award in Car Accident Case
The Law Offices of John C. Manoog III

While the right to a trial-by-jury in a Cape Cod car accident case is very important, there are sometimes occasions when the parties to such a matter may opt to submit their dispute to arbitration rather than move forward with a traditional trial. Like other kinds of alternative dispute resolution such as mediation, arbitration takes…

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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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