Justia Massachusetts Supreme Court Opinion SummariesArticles Posted in Personal Injury
Heath-Latson v. Styller
The Supreme Judicial Court affirmed the order of the superior court judge granting Defendant's motion to dismiss this wrongful death action, holding that Plaintiff failed to demonstrate that the duty Defendant owed to the decedent in this case extended to protecting him from injury caused by a third party.Plaintiff was the mother of Keivan Heath, who was shot and killed at a house party by an unidentified shooter. Plaintiff, as the personal representative of the decedent's estate, sued Defendant, the property owner who had rented the house for the party, for wrongful death. The superior court dismissed the action. The Supreme Judicial Court affirmed, holding that the complaint did not plausibly suggest either that Defendant owed a legal duty to the decedent by virtue of his property ownership or that Defendant voluntarily assumed such a duty. View "Heath-Latson v. Styller" on Justia Law
Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York, Inc.
In this personal injury suit, the Supreme Judicial Court affirmed the judgment of the trial judge allowing Defendants' motion for a mistrial after Plaintiff's counsel purportedly made improper comments during his closing argument, holding that the judge did not abuse her discretion in allowing the motion for a mistrial.The judge in this case chose to reserve decision on Defendants' motion for a mistrial until after the jury rendered their verdict. Only after the jury found for Plaintiff did the judge allow the motion and declare a mistrial. After a second trial, Plaintiff once again prevailed but was awarded significantly lower damages. On appeal, Plaintiff argued that once the verdict had been returned, the motion for a mistrial should have been evaluated under the standard for a motion for a new trial. The Supreme Judicial Court affirmed, holding (1) in civil cases, a motion for a mistrial must be decided when made, and after a jury verdict the appropriate method to seek to have a case tried again is by filing a motion for a new trial; and (2) because this requirement applies only prospectively, the judge in this case properly allowed the motion for a mistrial. View "Fitzpatrick v. Wendy's Old Fashioned Hamburgers of New York, Inc." on Justia Law
Dunn v. Genzyme Corp.
In this case involving claims of personal injury and product liability against the manufacturer of a medical device the Supreme Judicial Court reversed the decision of the superior court judge denying the manufacturer's motion to dismiss, holding that plaintiffs asserting parallel state law claims may do so with no greater degree of specificity than otherwise required under Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008).Plaintiff sued Genzyme Corporation, asserting that Synvisc-One, a class III medical device subject to premarket approval under the Medical Device Amendments (MDA), 21 U.S.C. 360c et seq., was negligently manufactured, designed, distributed, and sold by Genzyme. Genzyme filed a motion to dismiss on the grounds that the allegations were preempted by federal regulation. The trial judge denied the motion to dismiss. The Supreme Judicial Court reversed, holding that while all of Plaintiff's state law claims properly paralleled the federal requirements, none of them was sufficiently pleaded under Iannacchino to survive Genzyme's motion to dismiss. View "Dunn v. Genzyme Corp." on Justia Law
Tinsley v. Town of Framingham
The Supreme Judicial Court vacated the judgment of the trial court granting summary judgment on several claims against police officers personally, holding that there was a genuine issue of material fact whether the police officers used excessive force against Appellant after he was removed from his vehicle.Plaintiff, a black man, was stopped by two police officers. The stop escalated into a physical altercation during which five police officers forcibly removed Plaintiff from the vehicle and wrestled him to the ground. Plaintiff was convicted of several offenses stemming from the incident. While the criminal case was pending, Plaintiff filed a civil action alleging that the officers committed several torts and violated his civil rights. The trial court granted summary judgment for Defendants on the civil action. The Supreme Judicial Court vacated the judgment in part, holding (1) Plaintiff's civil action may only proceed where it is based on facts beyond those that were necessary to sustain Plaintiff's prior criminal conviction and where Plaintiff demonstrates that his claims would not necessarily challenge the validity of his prior criminal conviction; and (2) this conclusion does not bar the claims that Plaintiff based on events that occurred after the police officers forcibly removed him from his vehicle. View "Tinsley v. Town of Framingham" on Justia Law
Helfman v. Northeastern University
The Supreme Judicial Court affirmed the order of the superior court granting summary judgment to Northeastern University on Plaintiff's negligence-related claims stemming from a nonconsensual encounter with a fellow student, holding that, under the circumstances, Northeastern had no duty to protect Plaintiff.In her complaint, Plaintiff alleged that Northeastern negligently failed to prevent and contributed to the occurrence of the sexual assault. Plaintiff further asserted tort, contract, and statutory claims alleging that Northeastern failed adequately to respond to the incident. The Supreme Judicial Court affirmed, holding (1) a special student-university relationship between Plaintiff and Northeastern existed, but Northeastern owed no duty to protect Plaintiff because Northeastern could not reasonably have foreseen that, absent some intervention on its part, Plaintiff would be subjected to a criminal act or other harm; and (2) there was no error in the motion judge's conclusions regarding Plaintiff's statutory or contract claims. View "Helfman v. Northeastern University" on Justia Law
Goreham v. Martins
In this personal injury action, the Supreme Judicial Court held that Tenant was not entitled to personal injury damages based on Landlord's failure keep the driveway reasonably free of snow and ice.Tenant was severely injured when he slipped and fell on ice in the driveway adjacent to the premises he rented. A jury found Landlords negligent for failing to exercise reasonable care in keeping the driveway free of ice. However, the jury rendered a verdict of no liability, finding that Tenant was comparatively negligent and more responsible for the injury than Landlords. Based on the jury's finding, the judge found Landlords not liable on Tenant's additional claims alleging breach of the common-law implied warranty of habitability and violation of the statutory covenant of quiet enjoyment. Tenant appealed, arguing that he should recover personal injury damages on his remaining claims because the jury found Landlords negligent. The Supreme Judicial Court affirmed, holding (1) a tenant may not be awarded personal injury damagers on a claim for breach of the implied warranty of habitability arising from a landlord's failure to keep common areas reasonably free of snow and ice; and (2) in this case, Tenant may not recover personal injury damages under the statutory covenant of quiet enjoyment. View "Goreham v. Martins" on Justia Law
Drake v. Town of Leicester
The Supreme Judicial Court affirmed the judgment of the Supreme Judicial Court dismissing Plaintiff's negligence action against the Town of Leicester due to her untimely presentment, holding that Plaintiff's presentment was untimely because presentment occurs upon delivery to the office of the proper executive officer.Exactly two years after her claim arose, Plaintiff mailed her presentment letter to the Town. The Town denied liability for Plaintiff's injuries, and Plaintiff brought this action the following month. The superior court dismissed Plaintiff's complaint as untimely. At dispute on appeal was whether placing a presentment letter in the mail constitutes presentment under Mass. Gen. Laws ch. 258, 4 or receipt by the proper executive officer. The Supreme Judicial Court affirmed on a third ground, holding (1) presentment occurs upon delivery to the office of the proper executive officer; and (2) therefore, Plaintiff's presentment was untimely. View "Drake v. Town of Leicester" on Justia Law
Doherty v. Diving Unlimited International, Inc.
In this wrongful death action, the Supreme Judicial Court affirmed the judgment of the superior court granting summary judgment in favor of Defendant based on the release from liability and covenant not to sue that the decedent signed before his death, holding that the beneficiaries of a wrongful death action have rights that are derivative of, rather than independent from, any claim the decedent could have brought for the injuries causing his death.The decedent, a certified open-water scuba diver, drowned while participating in a promotional diving equipment sponsored by Diving Unlimited International, Inc. (DUI). The decedent signed a release from liability prior to participating in the event. Plaintiff, in her capacity as the decedent's personal representative, sued DUI and Defendant, a DUI agent, for the benefit of the decent's statutory beneficiaries. Plaintiff settled with all defendants other than Defendant. The superior court then granted summary judgment in favor of Defendant, concluding that the waivers the decedent signed were valid and thus precluded any recovery on behalf of the decedent's beneficiaries, who had no rights independent of the decedent's cause of action, which was waived. The Supreme Judicial Court affirmed, holding that the valid waivers signed by the decedent precluded Plaintiff from bringing a lawsuit for the benefit of the statutory beneficiaries. View "Doherty v. Diving Unlimited International, Inc." on Justia Law
GGNSC Administrative Services, LLC v. Schrader
In this wrongful death action brought against a nursing home notwithstanding the existence of an arbitration agreement between the decedent and the nursing home the Supreme Judicial Court answered two certified questions by holding that the Legislature intended wrongful death actions to be derivative of the decedent's own cause of action and that, under the circumstances of this case, the arbitration agreement between the decedent and the nursing home controlled the decedent's statutory beneficiaries.After the decedent died in a nursing home, Plaintiff, her daughter, brought this wrongful death action. The United States Court of Appeals for the First Circuit certified two questions to the Supreme Judicial Court. The Supreme Court answered (1) the wrongful death statute, Mass. Gen. Laws ch. 229, 2, provides rights to statutory beneficiaries derivative of, rather than independent from, what would have been the decedent's action for the injuries causing her death; and (2) the arbitration clause in this case was enforceable. View "GGNSC Administrative Services, LLC v. Schrader" on Justia Law
Wilson v. Stop & Shop Supermarket Co., LLC
The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Appellant's petition for relief under Mass. Gen. Laws ch. 211, 3, in which Appellant sought review of certain rulings in a personal injury action, holding that because of serious deficiencies in Appellant's petition, the single justice neither erred nor abused his discretion by denying extraordinary relief.The district court dismissed Appellant's complaint in the personal injury action, and Appellant's appeal was also dismissed. Two subsequent attempts to appeal were also dismissed. Appellant then brought this action under Mass. Gen. Laws ch. 211, 3 asserting, without any supporting documents or other substantiation, that the district court judge acted improperly. The single justice denied the petition. The Supreme Judicial Court affirmed, holding that the single justice properly denied extraordinary relief due to significant deficiencies in Appellant's petition. View "Wilson v. Stop & Shop Supermarket Co., LLC" on Justia Law