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Operator crushed to death disassembling 600-ton crane
The 42-year-old decedent, an experienced union crane operator, was crushed and killed by a 600-ton crane while it was being disassembled on a commercial construction site.
Tort – Statute of limitations – Wrongful death
Where complaints were brought against defendant tobacco companies on behalf of deceased smokers, it was not error for those complaints to be dismissed because the decedents had no right to […]
SJC answers trust question stemming from murder-suicide
The Supreme Judicial Court has answered a certified question that opens the door to a wrongful death plaintiff reaching the assets of a spendthrift trust created by his parents’ murderer. […]
Class action targets officials for deaths at Soldiers’ Home
A newly filed federal class action seeks to hold former Holyoke Soldiers’ Home Superintendent Bennett Walsh and four other officials liable for the deaths of 76 veterans from COVID-19 at […]
Arbitration – Nursing home – Wrongful death
Where the personal representative of her mother’s estate brought a wrongful death action as a result of the death of her mother at a nursing home, she must be ordered […]
Negligence – Wrongful death – Causation
Where a defendant was awarded summary judgment on a wrongful death claim, the judgment must be vacated because the judge granted summary judgment for the defendant on an issue — […]
Negligence – Standing – Wrongful death
Where the plaintiff son of a decedent has brought suit alleging personal injury, wrongful death and intentional infliction of emotional distress, the complaint must be dismissed for lack of standing […]
Negligence – Wrongful death – Agency relationship
Where a defendant has moved for summary judgment in a wrongful death suit brought following a bar fight, the motion must be allowed given the defendant’s lack of control over […]
Tort – Wrongful death – Boating accident
Where the parents of a recent high school graduate who died on a trip to Mexico have asserted a wrongful death claim against the defendant corporation that organized the trip, […]
Negligence – Wrongful death – Fishing vessel
Where a wrongful death suit was brought by the plaintiff widow of a commercial fisherman who drowned, two of the defendants are entitled to summary judgment based on a lack of foreseeability.
Judge can disregard jury findings on 93A
A judge could award Chapter 93A damages to the parents of a patron who died after falling down the stairs at a Boston bar even though a jury had cleared […]
Consumer protection – G.L.c. 93A – Wrongful death
Where (1) a jury ruled in favor of the defendants on a wrongful death claim and (2) the trial judge ruled in the plaintiffs' favor under G.L.c. 93A, the case must be remanded for a reduction in damages.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
