Reported Cases
Spinal Cord and Head Injuries
Sampson v. MacDougall, 60 Mass. App. Ct. 394 (spinal cord injury, liquor liability law)
Watts v. Organogenesis, Inc., 30 F. Supp.2d 101 (spinal cord injury, autonomic dysreflexia, insurance benefits for home health nurse)
Allstate Insurance Company v. Amy Reynolds, 43 Mass. App. Ct. 927 (brain injury, motor vehicle accident, statute of limitations, insurer's advance payments)
Berniger v. Meadow Green-Wildcat Corp., 945 F.2d 4 (spinal cord injury, recreational ski statute, ski tip caught in edge of artificial snow fence)
Wrongful Death
Carota v. Johns Manville Corp., 893 F.2d 448 (death from mesothelioma, toxic tort liability)
Caccavale v. Raymark Industries, Inc., 404 Mass. 93 (asbestos exposure, products liability)
Gage v. City of Westfield, 26 Mass. App. Ct. 681 (trespassers on railroad track, premises liability, requirements of death statute)
O'Connor v. Raymark Industries, Inc., 401 Mass. 586 (asbestos exposure, products liability, causation standards)
Hallett v. Town of Wrentham, 398 Mass. 550 (motor vehicle accident, Torts Claims Act claims against a municipality for wrongful death)
Case of Matthews, 27 Mass. App. Ct. 12 (workers' compensation, rate of compensation for widow's death benefits)
Appellate Representation
Retirement Board of Somerville v. Contributory Retirement Appeal Board, 38 Mass. App. Ct. 673 (administrative law, judicial review, retirement benefits)
Pandey v. Roulston, 419 Mass. 1010 (legal malpractice claims, pro se litigant)
DeLong v. Giles, 1996 Mass. App. Div. 95 (defamation, local church officer)
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (constitutional law, withdrawal of nutrition and hydration from infirm medical patient)
Bateman v. Consolidated Rail Corp., 45 Mass. App. Ct. 916 (unexcused delay in amending complaint, inadequate notice of appeal)
Webster v. Reproductive Health Services, 492 U.S. 490 (constitutional law, abortion)
Danca v. Private Health Care Systems, Inc., 185 F.3d 1 (ERISA, severe burn injuries, entitlement to insurance benefits)
Danca v. Emerson Hospital, 9 F. Supp.2d 27 (ERISA, severe burn injuries, professional liability of treating psychiatrists)
Business and Construction Litigation
Business Litigation
Madigan v. Trace Construction, Inc., 71 Mass. App. Ct. 1 (construction law, mechanic's liens on commercial property, consent of landlord to tenant's improvements to building)
Nisby v. Sheskey, 2007 Mass. App. Div. 103 (commercial landlord-tenant law, business protection statute, retail hardware business)
New England Telephone & Telegraph Co. v. Gourdeau Construction Co., 419 Mass. 658 (damage to equipment during construction project)
Jones v. Consolidated Rail Corp., 33 Mass. App. Ct. 918 (right of first refusal, commercial property)
Advest, Inc. v. McCarthy, 914 F.2d 6 (arbitration, securities law, wrongful liquidation of investor's holdings)
Delano Growers Co-op. Winery v. Supreme Wine Co., Inc., 393 Mass. 666 (commercial law, default remedies under the UCC, defective wine)
Construction Litigation
Dilaveris v. W. T. Rich Co., 424 Mass. 9 (fall from scaffolding, sufficiency of control over independent contractor)
FMR Corp. v. Boston Edison Co., 415 Mass. 393 (electrical power outage, utility customer's recovery for physical damage)
Trinity Church in City of Boston v. John Hancock Mut. Life Ins. Co. (No. II), 405 Mass. 682 (construction law, accrual of interest, damage to designated National Historical Building)
Trinity Church in the City of Boston v. John Hancock Mut. Life Insurance Co. (No. 1), 399 Mass. 43 (construction law, damage to designated National Historical Building, special use property)
Dilaveris v. W. T. Rich Co., 653 N.E.2d 1134 (fall from scaffolding, sufficiency of control over independent contractor)
Premises and Product Liability
Premises Liability
Mack v. Consolidated Rail Corp., 24 F. Supp.2 126 (tractor trailer, indemnity, intermodal interchange railroad facility)
McGrath v. Consolidated Rail Corp., 136 F.3d 838 (FELA law, idling locomotive)
Gaines v. General Motors Corp., 789 F. Supp. 38 (negligent security, injury caused by driver of stolen car)
Bengtson's Case, 34 Mass. App. Ct. 239 (workers' compensation, recreational activity, injury during softball game)
Foley v. Boston Housing Authority, 407 Mass. 640 (personal injury, negligent security, assault committed upon supervisor)
Case of Hanson, 26 Mass. App. Ct. 988 (personal injury, workers' compensation, average weekly wage)
Robert v. Consolidated Rail Corp., 832 F.2d 3 (personal injury, FELA law, heart attack, recovery for job-related stress)
Doherty v. Town of Belmont, 396 Mass. 271 (personal injury, Tort Claims Act, trip upon remnant of parking meter stub)
Rosenthal v. Weckstein, 19 Mass. App. Ct. 944 (loss of thumb, jumpstart of automobile)
Product Liability
Ouellette v. Union Tank Car Co., 902 F. Supp. 5 (misplaced handhold, Federal preemption law)
Welch v. Keene Corp., 31 Mass. App. Ct. 157 (personal injury, asbestos exposure at work place)
Marques v. Bellofram Corp., 28 Mass. App. Ct. 277 (industrial die cast, air regulators, loss of four fingers)
Barbosa v. Hopper Feed, Inc., 404 Mass. 610 (automatic feeder, beveling machine)
Colter v. Barber-Greene Co., 403 Mass. 50 (sand classifier machine used at gravel pit, severe injury to arm while greasing gears)
Dayton v. Peck, Stow and Wilcox Co. (Pexto)., 739 F.2d 690 (metal shearing machine, successor corporate liability)
Sampson v. MacDougall, 60 Mass. App. Ct. 394 (spinal cord injury, liquor liability law)
Watts v. Organogenesis, Inc., 30 F. Supp.2d 101 (spinal cord injury, autonomic dysreflexia, insurance benefits for home health nurse)
Allstate Insurance Company v. Amy Reynolds, 43 Mass. App. Ct. 927 (brain injury, motor vehicle accident, statute of limitations, insurer's advance payments)
Berniger v. Meadow Green-Wildcat Corp., 945 F.2d 4 (spinal cord injury, recreational ski statute, ski tip caught in edge of artificial snow fence)
Wrongful Death
Carota v. Johns Manville Corp., 893 F.2d 448 (death from mesothelioma, toxic tort liability)
Caccavale v. Raymark Industries, Inc., 404 Mass. 93 (asbestos exposure, products liability)
Gage v. City of Westfield, 26 Mass. App. Ct. 681 (trespassers on railroad track, premises liability, requirements of death statute)
O'Connor v. Raymark Industries, Inc., 401 Mass. 586 (asbestos exposure, products liability, causation standards)
Hallett v. Town of Wrentham, 398 Mass. 550 (motor vehicle accident, Torts Claims Act claims against a municipality for wrongful death)
Case of Matthews, 27 Mass. App. Ct. 12 (workers' compensation, rate of compensation for widow's death benefits)
Appellate Representation
Retirement Board of Somerville v. Contributory Retirement Appeal Board, 38 Mass. App. Ct. 673 (administrative law, judicial review, retirement benefits)
Pandey v. Roulston, 419 Mass. 1010 (legal malpractice claims, pro se litigant)
DeLong v. Giles, 1996 Mass. App. Div. 95 (defamation, local church officer)
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (constitutional law, withdrawal of nutrition and hydration from infirm medical patient)
Bateman v. Consolidated Rail Corp., 45 Mass. App. Ct. 916 (unexcused delay in amending complaint, inadequate notice of appeal)
Webster v. Reproductive Health Services, 492 U.S. 490 (constitutional law, abortion)
Danca v. Private Health Care Systems, Inc., 185 F.3d 1 (ERISA, severe burn injuries, entitlement to insurance benefits)
Danca v. Emerson Hospital, 9 F. Supp.2d 27 (ERISA, severe burn injuries, professional liability of treating psychiatrists)
Business and Construction Litigation
Business Litigation
Madigan v. Trace Construction, Inc., 71 Mass. App. Ct. 1 (construction law, mechanic's liens on commercial property, consent of landlord to tenant's improvements to building)
Nisby v. Sheskey, 2007 Mass. App. Div. 103 (commercial landlord-tenant law, business protection statute, retail hardware business)
New England Telephone & Telegraph Co. v. Gourdeau Construction Co., 419 Mass. 658 (damage to equipment during construction project)
Jones v. Consolidated Rail Corp., 33 Mass. App. Ct. 918 (right of first refusal, commercial property)
Advest, Inc. v. McCarthy, 914 F.2d 6 (arbitration, securities law, wrongful liquidation of investor's holdings)
Delano Growers Co-op. Winery v. Supreme Wine Co., Inc., 393 Mass. 666 (commercial law, default remedies under the UCC, defective wine)
Construction Litigation
Dilaveris v. W. T. Rich Co., 424 Mass. 9 (fall from scaffolding, sufficiency of control over independent contractor)
FMR Corp. v. Boston Edison Co., 415 Mass. 393 (electrical power outage, utility customer's recovery for physical damage)
Trinity Church in City of Boston v. John Hancock Mut. Life Ins. Co. (No. II), 405 Mass. 682 (construction law, accrual of interest, damage to designated National Historical Building)
Trinity Church in the City of Boston v. John Hancock Mut. Life Insurance Co. (No. 1), 399 Mass. 43 (construction law, damage to designated National Historical Building, special use property)
Dilaveris v. W. T. Rich Co., 653 N.E.2d 1134 (fall from scaffolding, sufficiency of control over independent contractor)
Premises and Product Liability
Premises Liability
Mack v. Consolidated Rail Corp., 24 F. Supp.2 126 (tractor trailer, indemnity, intermodal interchange railroad facility)
McGrath v. Consolidated Rail Corp., 136 F.3d 838 (FELA law, idling locomotive)
Gaines v. General Motors Corp., 789 F. Supp. 38 (negligent security, injury caused by driver of stolen car)
Bengtson's Case, 34 Mass. App. Ct. 239 (workers' compensation, recreational activity, injury during softball game)
Foley v. Boston Housing Authority, 407 Mass. 640 (personal injury, negligent security, assault committed upon supervisor)
Case of Hanson, 26 Mass. App. Ct. 988 (personal injury, workers' compensation, average weekly wage)
Robert v. Consolidated Rail Corp., 832 F.2d 3 (personal injury, FELA law, heart attack, recovery for job-related stress)
Doherty v. Town of Belmont, 396 Mass. 271 (personal injury, Tort Claims Act, trip upon remnant of parking meter stub)
Rosenthal v. Weckstein, 19 Mass. App. Ct. 944 (loss of thumb, jumpstart of automobile)
Product Liability
Ouellette v. Union Tank Car Co., 902 F. Supp. 5 (misplaced handhold, Federal preemption law)
Welch v. Keene Corp., 31 Mass. App. Ct. 157 (personal injury, asbestos exposure at work place)
Marques v. Bellofram Corp., 28 Mass. App. Ct. 277 (industrial die cast, air regulators, loss of four fingers)
Barbosa v. Hopper Feed, Inc., 404 Mass. 610 (automatic feeder, beveling machine)
Colter v. Barber-Greene Co., 403 Mass. 50 (sand classifier machine used at gravel pit, severe injury to arm while greasing gears)
Dayton v. Peck, Stow and Wilcox Co. (Pexto)., 739 F.2d 690 (metal shearing machine, successor corporate liability)
