Articles Posted in Wrongful Death

Health Care Proxy Can’t Bind Principal to Arbitration Clause Says Massachusetts Supreme Judicial Court — Johnson v. Kindred Health Care, Inc.
The Law Offices of John C. Manoog III

Over the past several decades, arbitration clauses have increasingly been used to resolve legal disputes. An Arbitration clause is an agreement between two contracting parties to settle their disputes in arbitration as opposed to going to trial. Their increased use has several justifications including reducing court volume. It may be strange to find an article…

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Massachusetts Insurance Company Liable for All Tort-Related Costs in Unfair and Deceptive Settlement Case — Rivera v. Commerce Ins. Co.
The Law Offices of John C. Manoog III

Massachusetts has one of the strongest Consumer Protection Acts in the country. Under Massachusetts General Law Chapter 93A, known as Massachusetts Consumer Protection Act, the Attorney General or a consumer can bring a legal action against unfair or deceptive conduct in the market place. This includes unfair and deceptive settlement practices when insurance companies unreasonably…

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Massachusetts Supreme Court Upheld $18 Million Punitive Damages Award in Wrongful Death Action
The Law Offices of John C. Manoog III

A 29 year-old woman was visiting relatives in Massachusetts when she tried to use an inflatable swimming pool slide that was imported and sold by Toys R Us, Inc. and ToysrUs.com, LLC (“Toys R Us”). As she slid down head first, the slide collapsed when she reached the bottom and her head struck the concrete…

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Cape Cod Teen Cyclist Dies From Injuries After Being Struck By Car
The Law Offices of John C. Manoog III

In the summer months, people take advantage of the warm weather by riding bikes instead of driving. But it is important for bicycle riders to follow the rules of the road as well as other safety measures. According to news reports, a Wellfleet teenager was riding his bicycle in a busy section of Route 6…

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Dog Bite Cases Can Cause Life-Threatening Injuries; Even Death
The Law Offices of John C. Manoog III

According to the Cape Cod Today, the Provincetown Police Blotter reported several animal calls for the two weeks ending at July 22, 2013.During that time period, the local police responded to one dog bite incident and several loose and lost dogs, among other matters. In all likelihood, there were many more unreported dog bite cases…

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Fatal Car Accident in Chatham Leaves One Dead and Several Injured
The Law Offices of John C. Manoog III

According to a recent article in the Cape Cod Times, Harwich police attempted to pull over the driver of an SUV for driving recklessly along Route 28 heading west. The driver refused to stop and continued driving before striking and killing a 62-year-old Orleans man who was waiting at a bus stop. The destruction continued…

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Hit-and-Run Crash on Bridge to Cape Cod Leaves One Dead
The Law Offices of John C. Manoog III

On July 4th, as many people celebrated the birth of the nation, a man was killed in a hit-and-run accident on the Sagamore Bridge, the gateway to Cape Cod. Injured victims of car accidents involving negligent drivers are entitled to receive compensation for their injuries and losses. Additionally, if someone tragically dies in a car…

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Massachusetts fatal accident: Head-on dirt bike crash kills teen
The Law Offices of John C. Manoog III

A wrongful death civil claim is not limited to fatal car accidents. In Massachusetts, this type of legal proceeding is appropriate whenever someone negligently or intentionally causes or contributes to the death of another individual. A fatal accident involving two dirt bikes has resulted in criminal charges in Plymouth. The tragedy occurred last December. A…

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Massachusetts wrongful death: FDA takes on energy drink makers
The Law Offices of John C. Manoog III

A wrongful death civil lawsuit in Massachusetts is not limited to fatal motor vehicle accidents. Rather, our laws deem a wrongful death to have occurred whenever someone loses their life as a consequence of the negligence of another. If the negligence is deemed to have caused or substantially contributed to the death complained of, liability…

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Fatal accident claims life of Massachusetts teen; DUI blamed
The Law Offices of John C. Manoog III

A recent car accident involving two Massachusetts women from Middleboro resulted in the death of one and criminal charges for the other. The accused driver has been charged with homicide by a motor vehicle, along with a number of unspecified additional charges. The fatal accident took the life of an 18-year-old girl that was described…

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