Massachusetts Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Massachusetts or Court of Appeals of Massachusetts where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund - 12/12/2005
Middlesex. October 6, 2005. Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ. Massachusetts Insurers Insolvency Fund. Laches. Asbestos. Insurance, Insolvency of insurer, Misrepresentation,...

Saggese v. Kelley - 11/30/2005
Suffolk. October 5, 2005. Present: Marshall, C.J., Greaney, Spina, Cowin, Sosman, & Cordy, JJ. Contract, Compensation of attorney, Consideration, Ratification. Frauds, Statute of. Attorney at Law, Fee-sharing...

Fleming v. National Union Fire Insurance Co. - 11/23/2005
Suffolk. September 8, 2005 Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ. Jurisdiction. Workers' Compensation Act, Average weekly wages, Jurisdiction of court, Employer's misconduct....

Vinci v. Byers - 11/21/2005
Middlesex. September 13, 2005 Present: Greenberg, Kantrowitz, & Mills, JJ. Limitations, Statute of. Attorney at Law, Malpractice. Civil action commenced in the Superior Court Department on May 3, 2002. ...

Joslyn v. Chang - 11/21/2005
Suffolk. October 6, 2005 Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ. Repose, Statute of. Wrongful Death. Medical Malpractice. Minor, Wrongful death. Negligence, Medical...

Rudenauer v. Zafiropoulos - 11/21/2005
Middlesex. October 6, 2005 Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ. Repose, Statute of. Wrongful Death. Medical Malpractice. Husband and Wife, Consortium. Negligence, Medical...

Garcia v. Essex County Sheriff's Dep't - 11/10/2005
Essex. September 14, 2005. Present: Armstrong, C.J., Rapoza, & Doerfer, JJ. Massachusetts Tort Claims Act. Practice, Civil, Presentment of claim under Massachusetts Tort Claims Act. Civil action commenced in...

Safety Insurance Co. v. Day - 10/28/2005
Suffolk. March 16, 2005 Present: Greenberg, Cowin, & Green, JJ. Motor Vehicle, Insurance. Insurance, Motor vehicle insurance, Regular use exclusion, Insurer's obligation to defend. Indemnity. Estoppel. Practice,...

Borden Chemical - 9/29/2005
Hampden. April 6, 2005. Present: Greenberg, Smith, & Gelinas, JJ. Indemnity. Uniform Commercial Code, Indemnity. Contract, Indemnity. Civil action commenced in the Superior Court Department on November 30,...

John Hancock Property and Casualty Insurance Co. v. Scannell - 9/16/2005
Insurance, Motor vehicle insurance. Words, "Household member." This appeal presents a question of interpretation of the term "household member," as used in a Massachusetts automobile insurance policy. The background facts, as...

Commonwealth v. Berrios - 9/16/2005
Hampden. December 9, 2004. Present: Kantrowitz, Doerfer, & Kafker, JJ. Practice, Criminal, Plea, Assistance of counsel. Evidence, Guilty plea. Indictments found and returned in the Superior Court Department...

In re Cheril Young's Case - 8/31/2005
Workers' Compensation Act, Decision of Industrial Accident Reviewing Board, Expert opinion, Impartial medical examiner, Proximate cause. Appeals Court, Appeal from order of single justice. The employer, Cape Cod Hospital, appeals...

Bailey v. Cataldo Ambulance Service - 8/10/2005
Middlesex. April 5, 2005. Present: Laurence, Kafker, & Mills, JJ. Negligence, Medical malpractice, Proximate cause, Expert opinion. Evidence, Expert opinion, Medical record. Medical Malpractice, Expert opinion....

Westover v. Leiserv - 7/25/2005
Middlesex. February 15, 2005. Present: Greenberg, Smith, & Green, JJ. Negligence, Spoliation of evidence, Defective product, Design. Practice, Civil, Preservation of evidence, Loss of evidence. Civil action...

Eck v. Godbout - 7/21/2005
Suffolk. May 3, 2005. Present: Marshall, C.J., Greaney, Ireland, Spina, Sosman, & Cordy, JJ. Attorney at Law, Malpractice. Release. Negligence, Attorney at law. The case was heard by Ernest B. Murphy, J., on...

In re Jackman - 7/20/2005
Attorney at Law, Disciplinary proceeding, Suspension. Bar counsel appeals from an order of a single justice of this court suspending the respondent from the practice of law on terms that are described below. Background ...

School Committee of Norton v. Massachusetts Commission Against Discrimination - 7/12/2005
Bristol. March 4, 2005. Present: Lenk, Kafker, & Katzmann, JJ. Massachusetts Commission Against Discrimination. Administrative Law, Substantial evidence, Findings. Handicapped Persons. Anti-Discrimination...

Audette v. Commonwealth - 6/13/2005
Norfolk. June 8, 2004. Present: Armstrong, C.J., Gelinas, & Berry, JJ. Governmental Immunity. Public Employment, Police. Dog. Strict Liability. Negligence, Foreseeability of harm. Civil action commenced in...

Greenwood v. Town of Easton - 6/10/2005
Bristol. April 5, 2005 Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ. Governmental Immunity. Massachusetts Tort Claims Act. Negligence, Municipality. Municipal Corporations,...

Smith v. Bell Atlantic - 6/10/2005
Middlesex. October 4, 2004 Present: Lenk, Grasso, & Cohen, JJ. Anti-Discrimination Law, Employment, Handicap, Damages. Employment, Discrimination. Evidence, Expert opinion. Massachusetts Commission Against...

Doe v. Moe - 5/16/2005
Essex. November 20, 2003 Present: Laurence, Mills, & Trainor, JJ. Negligence, Duty to prevent harm. Wanton or Reckless Conduct. Civil action commenced in the Superior Court Department on September 23, 1997. ...

Roukounakis v. Messer - 5/9/2005
Plymouth. March 7, 2005. Negligence, Doctor. Doctor, Duty to disclose risk. Civil action commenced in the Superior Court Department on July 10, 1996. The case was tried before Raymond J. Brassard, J. The...

Commonwealth v. Ramos - 5/3/2005
Suffolk. February 14, 2005. Evidence, Prior misconduct, Pattern of conduct. Practice, Criminal, Sentence. Indictments found and returned in the Superior Court Department, two on February 12, 1999, and eleven on...

Dilbert v. Hanover Insurance Co. - 4/27/2005
Norfolk. December 16, 2004. Insurance, Defense of proceedings against insured. Contract, Performance and breach. Real property, Trespass. Civil action commenced in the Superior Court Department on January 5, 2001. ...

Twomey v. Commonwealth - 4/20/2005
Middlesex. March 10, 2005 Negligence, Stop sign. Commonwealth, Claim against. Way, Public: stop sign. Municipal Corporations, Stop sign. Governmental Immunity. Civil action commenced in the Superior Court Department...

Otis v. Arbella Mutual Insurance Co. - 3/14/2005
Suffolk. November 2, 2004. Estoppel. Judicial Estoppel. Attorney at Law, Malpractice. Insurance, Defense of proceedings against insured, Insurer's obligation to defend. Consumer Protection Act, Insurance. Negligence,...

In re Ingalls's Case - 2/17/2005
Workers' Compensation Act, Decision of Industrial Accident Reviewing Board, Impartial medical examiner, Findings by administrative judge. The employee appeals from a decision of the reviewing board of the Department of Industrial...

Nunez v. A&M Rentals - 2/14/2005
Suffolk. January 5, 2004. Negligence, Motor vehicle, Duty to prevent harm, Wrongful death. Wrongful Death. Motor Vehicle, Entrustment. Statute, Construction. Civil action commenced in the Superior Court Department on...

Boyd v. National Railroad Passenger Corp. - 1/20/2005
Suffolk. May 12, 2004. Wrongful Death. Railroad. Negligence, Wrongful death, Railroad, Trespasser, Violation of statute. Statute, Construction, Federal preemption. Evidence, Safety improvements. Wilful, Wanton, or Reckless...

United States Fire Insurance Co. v. Worcester Insurance Co. - 1/20/2005
Middlesex. May 14, 2004. Insurance, Defense of proceedings against insured, Construction of policy. Practice, Civil, Attorney's fees. Civil action commenced in the Superior Court Department on July 14, 1999. The...

In re Walker's Case - 12/28/2004
Suffolk November 4, 2004 Is an employee who suffers permanent losses of bodily functions and disfigurement due to a work-related injury involving brain damage, but who survives his injury, entitled to benefits under the...

Building Inspector and Zoning Officer of Aquinnah v. Wampanoag Aquinnah Shellfish Hatchery Corp. - 12/9/2004
Dukes. September 8, 2004. Wampanoag Tribal Council. Zoning, Enforcement. Governmental Immunity. Waiver. Corporation, Non-profit corporation. Civil action commenced in the Superior Court Department on May 1, 2001. ...

Or v. Edwards - 11/19/2004
Suffolk. December 10, 2003. Negligence, Employer, Entrustment, Causation, Proximate cause, Foreseeability of harm, Wrongful death. Jury and Jurors. Conscious Pain and Suffering. Civil action commenced in the Superior...

Masters v. Khuri - 11/18/2004
Suffolk. June 4, 2004. Evidence, Cross-examination, Bias, Expert opinion, Medical report. Medical Malpractice. Civil action commenced in the Superior Court Department on August 8, 1996. The case was tried before...

Koltin v. Beth Israel Deaconess Medical Center - 11/17/2004
Contract, Performance and breach. Medical Malpractice, Tribunal. Harold Koltin timely appeals from a separate and final judgment entered pursuant to G. L. c. 231, § 60B, dismissing his action against Beth Israel Deaconess Medical...

Scott v. Commerce Insurance Co. - 11/3/2004
Suffolk. June 1, 2004. Arbitration, Authority of arbitrator, Damages, Award. Contract, Insurance. Insurance, Motor vehicle personal injury protection benefits, Uninsured motorist. Civil action commenced in the...

Durbin v. Board of Selectmen of Kingston - 9/15/2004
Plymouth. December 16, 2003. Practice, Civil, Action in nature of certiorari, Relief from judgment. Municipal Corporations, Selectmen, Nuisance. Dog. Nuisance. Civil action commenced in the Superior Court Department...

In re Griffith - 12/9/2003
Suffolk. October 9, 2003 Attorney at Law, Canons of ethics, Deceit, Disciplinary proceeding, Suspension. This bar discipline case requires us to decide the appropriate sanction to impose on the respondent, who, from...

Plymouth County Retirement Board v. Contributory Retirement Appeal Board - 12/4/2003
Suffolk. June 5, 2003 Practice, Civil, Appeal. Retirement. Public Employment, Accidental disability retirement. Contributory Retirement Appeal Board. Administrative Law, Proceedings before agency. Words, "Personal injury." ...

Lane v. Plymouth Restaurant Group - 12/4/2003
Plymouth October 7, 2003 Workers' Compensation Act, Settlement agreement, Action against third person. Statute, Construction. General Laws c. 152, § 15, requires a hearing and court approval of any settlement of a...

Figuereo v. Valverde - 11/26/2003
Middlesex. September 16, 2003. Insurance, Motor vehicle personal injury protection benefits. Motor Vehicle, Insurance. Practice, Civil, Judgment, Motion to amend. Judgment, Amendment. Civil action commenced in the...

Adams v. Liberty Mutual Insurance Company - 11/20/2003
Middlesex. April 10, 2003 Consumer Protection Act, Insurance. Malicious Prosecution. Insurance, Workers' compensation insurance, Fraud and concealment. Workers' Compensation Act, Insurer, Exclusivity provision, Fraud,...

Goodridge v. Department of Public Health - 11/18/2003
Suffolk. March 4, 2003 License. Marriage. Statute, Construction. Constitutional Law, Police power, Equal protection of laws. Due Process of Law, Marriage. Words, "Marriage." Marriage is a vital social institution. The...

Greenslade v. Mohawk Park - 11/10/2003
Franklin. March 18, 2003 Negligence, Duty to warn, Invited person, Open and obvious danger. After Arthur Greenslade sustained serious injuries as the result of falling from a rope swing, he commenced an action in...

Nierman v. Hyatt Corporation - 11/7/2003
Middlesex. June 10, 2003 Limitations, Statute of. Practice, Civil, Statute of limitations. Conflict of Laws. The sole question presented by this appeal is whether the plaintiffs' personal injury action is governed by...

Ramsdell v. Doliber - 9/29/2003
Essex. November 18, 2002 Practice, Civil, New trial, Assistance of counsel, Default, Continuance. Judge. On April 18, 1989, in a bar fight with the defendant, the plaintiff's decedent, Robert Arsenault, suffered head...

Darviris v. Petros - 9/18/2003
Middlesex. November 14, 2002 Practice, Civil, Summary judgment. Limitations, Statute of. Medical Malpractice, Consent to medical treatment. Negligence, Medical malpractice. Consumer Protection Act, Unfair or deceptive act,...

Shimer v. Foley - 9/16/2003
Suffolk. June 24, 2002 Attorney At Law, Malpractice. Negligence, Attorney at law, Proximate cause. Damages, Loss of profits, Attorney's fees. Evidence, Legal malpractice, Settlement offer. This is a legal malpractice...

Rodriguez v. Cambridge Housing Authority - 9/3/2003
Middlesex. February 10, 2003 Governmental Immunity. Massachusetts Tort Claims Act. Notice, Claim under Massachusetts Tort Claims Act. Practice, Civil, Presentment of claim under Massachusetts Tort Claims Act. Negligence,...

Lorenzo-Martinez v. Safety Insurance Company - 6/19/2003
Worcester. February 7, 2003 Insurance, Motor vehicle insurance, Uninsured motorist. Motor Vehicle, Insurance. Contract, Insurance. Practice, Civil, Summary judgment. The principal issue presented by this case is...

Thorell v. ADAP - 6/13/2003
Bristol. February 12, 2003 Negligence, Loading dock. Evidence, Hearsay, Vicarious admission. In this negligence action, the plaintiff seeks to recover for injuries sustained when he slipped and fell while making a...

Born v. Haverhill Golf & Country Club - 6/13/2003
Suffolk. December 19, 2002 Anti-Discrimination Law, Sex, Prima facie case, Burden of proof, Damages, Attorney's fees. Constitutional Law, Sex discrimination. Practice, Civil, Instructions to jury, Directed verdict....

Carney v. Tranfaglia - 3/26/2003
Essex. November 19, 2002 Medical Malpractice, Expert opinion. Negligence, Medical malpractice, Psychiatrist, Causation. Psychologist. Doctor, Controlled substances. Controlled Substances. Evidence, Expert opinion. Practice,...

Korper v. Weinstein - 2/24/2003
Middlesex. October 17, 2002 Medical Malpractice, Standard of care. Doctor, Doctor-patient relationship. Emotional Distress. Intentional Conduct. Consumer Protection Act, Unfair or deceptive act. The plaintiff and the...

LeBlanc v. Friedman - 1/29/2003
Middlesex. October 10, 2002 Release. Mistake. Negligence, Medical malpractice. Practice, Civil, Summary judgment. This medical malpractice case turns on the interpretation of a release signed by the plaintiffs Diane...

Christopher v. Father's Huddle Cafe - 1/28/2003
Suffolk. March 22, 2002 Negligence, Tavern, Wrongful death, Consumption of alcoholic liquors by minor guest, Proximate cause. Wrongful Death. Proximate Cause. Alcoholic Liquors, Sale to minor. A jury returned verdicts...

Dias v. Brigham Medical Associates - 12/23/2002
Bristol. September 5, 2002 Practice, Civil, Summary judgment. Negligence, Doctor, Medical malpractice. Medical Malpractice, Vicarious liability. The plaintiffs, Stella and Luis Dias, administrators of the estate of...

Commonwealth v. Jerome - 12/17/2002
Middlesex. February 13, 2002 Insurance, Motor vehicle insurance, Fraud and concealment. Motor Vehicle, Insurance. Fraud. After a bench trial, the defendant, an attorney, was convicted of motor vehicle insurance fraud...

Krasnecky v. Meffen - 11/12/2002
Hampshire. December 6, 2001. Animal. Strict Liability. Emotional Distress. Negligence, Emotional distress, Causing loss of consortium. Damages, Emotional distress, Loss of consortium. Trespass. Civil action commenced in the...

Nemet v. Boston Water and Sewer Commission - 9/26/2002
Suffolk. May 29, 2002. Negligence, Water pipe, Causation, Expert opinion. Sewer. Municipal Corporations, Sewers, Liability for tort. Evidence, Expert opinion. Massachusetts Tort Claims Act. Civil action commenced in...

Keene v. Brigham and Women's Hospital - 9/19/2002
Norfolk. February 12, 2002 Medical Malpractice, Damages, Hospital, Immunity. Charity. Hospital. Practice, Civil, Discovery, Default. Evidence, Hospital record. Due Process of Law, Right to trial. Damages, Conscious pain and...

Truong v. Wong - 9/18/2002
Suffolk. April 3, 2001 Practice, Civil, New trial, Directed verdict. Damages, Tort, Loss of earning capacity. Evidence, Earning capacity. Corporation, Officers and agents. Negligence, Employer, Failure to obtain workers'...

Commonwealth v. Cherubin - 9/13/2002
Middlesex. April 10, 2002 Homicide. Practice, Criminal, Instructions to jury, Waiver. Malice. Indictments found and returned in the Superior Court Department on February 28, 1991. On November 26, 1991, a jury...

Metropolitan Property & Casualty Insurance Company v. Santos - 9/11/2002
Plymouth. May 14, 2002 Practice, Civil, Summary judgment. Insurance, Motor vehicle insurance, Insurer's obligation to defend, Construction of policy, No-fault insurance, Motor vehicle personal injury protection benefits,...

Stabile v. Stabile - 9/6/2002
Essex. December 14, 2001 Divorce and Separation, Modification of judgment. Contempt. Contract, Construction of contract. We are asked to interpret a portion of the parties' modified divorce decree, which provides that...

Nett v. Bellucci - 9/4/2002
Suffolk. May 7, 2002 Repose, Statute of. Medical Malpractice. Negligence, Doctor, Statute of repose. Practice, Civil, Complaint, Amendment. The United States Court of Appeals for the First Circuit has certified the...

In re Baker - 8/20/2002
Suffolk. April 12, 2002 Limitations, Statute of. Workers' Compensation Act, Injuries to which act applies, Subsequent injury. Statute, Construction. There is a four-year limitations period under G. L. c. 152, 41, that...

Athol Memorial Hospital v. Commissioner of the Division of Medical Assistance - 8/6/2002
Suffolk. April 1, 2002 Division of Medical Assistance. Massachusetts Medical Assistance Program. Hospital, Medicaid reimbursement. Administrative Law, Exhaustion of remedies. The plaintiffs, acute-care hospitals, seek...

Berish v. Bornstein - 6/28/2002
Barnstable. January 8, 2002 Condominiums, Management, Common area. Real Property, Sale, Condominium. Warranty. Contract, Warranty, Sale of real estate. Limitations, Statute of. Repose, Statute of. Negligence, Economic loss....

In re Salter's Case - 6/24/2002
Suffolk. February 14, 2002 Statute, Construction. Insurance, Workers' compensation insurance. Workers' Compensation Act, Appeal, Compensation, Total incapacity, Exhaustion of benefits. Under the workers' compensation...

Aldrich v. Add Inc. - 6/21/2002
Suffolk. April 4, 2002 Condominiums, Master deed. Real Property, Condominium. Limitations, Statute of. Corporation, Corporate successor liability. Negligence, Design, Construction work, Economic loss. Actionable Tort....

Albano v. Attorney General - 6/13/2002
Suffolk. May 9, 2002 Constitutional Law, Initiative petition, Amendment of the Constitution, Judiciary. Initiative. Attorney General. Marriage. The plaintiffs filed a complaint in the Supreme Judicial Court for...

Sharon v. City of Newton - 6/10/2002
Middlesex. April 2, 2002 Practice, Civil, Answer, Amendment, Motion to amend. Parent and Child, Education. Release. School and School Committee, Liability for tort. Public Policy. Contract, Minor, Release from liability,...

Zucco v. Kane - 6/6/2002
Hampshire. December 4, 2001. Workers' Compensation Act, Settlement agreement, Lump-sum settlement. Evidence, Prior inconsistent statement. Negligence, Doctor, Independent contractor, Vicarious Liability. Agency, Independent...

Champion v. Champion - 3/19/2002
Essex. January 16, 2001. Divorce and Separation, Division of property, Modification of judgment. Value. Complaint for divorce filed in the Essex Division of the Probate and Family Court Department on April 25, 1996. ...

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