Washington v. Gagliani (Lawyers Weekly No. 10-077-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12026 DERRICK WASHINGTON vs. MARYJO GAGLIANI. May 12, 2017. Supreme Judicial Court, Superintendence of inferior courts. Medical Malpractice, Tribunal, Bond. Appeals Court, Jurisdiction. Superior Court, Jurisdiction. Jurisdiction, Superior Court. The petitioner, Derrick Washington, appeals from a judgment of a single justice of the county court denying his petition pursuant to G. L. c. 211, § 3. We affirm. In 2011, Washington commenced a medical malpractice action in the United States District Court for the District of Massachusetts against the respondent, Maryjo Gagliani, and several other individuals. Gagliani requested review by a medical malpractice tribunal pursuant to G. L. c. 231, § 60B, and the case was referred to the Superior Court in Suffolk County for that purpose. See Feinstein v. Massachusetts Gen. Hosp., 643 F.2d 880, 888 (1st Cir. 1981).[1] In its report issued in September, 2014, the tribunal determined that Washington’s claim was not sufficient to raise a legitimate question of liability appropriate for judicial inquiry, and therefore found for Gagliani. Washington then filed a motion in the Superior Court to reduce the amount of the bond that would be required for him to pursue his claim in the face of the adverse tribunal ruling, pursuant to G. L. c. 231, § 60B, sixth par. A judge in the Superior Court denied that motion. Washington next filed in the Superior Court a notice of appeal that was dated October 19, 2014, and docketed on October 27, 2014. He sought to appeal to the Appeals Court from the tribunal’s ruling.[2] The notice of appeal was never processed, however, i.e., no record was assembled in the Superior Court. Gagliani, for her part, filed a motion in the Superior Court to dismiss Washington’s complaint for failure to post the bond. A judge in the Superior Court purported to allow Gagliani’s motion on December 24, 2014, and a judgment of dismissal to that effect was entered on June 25, 2015. But see Clarke v. Heisey, 16 Mass. App. Ct. 976, 976 (1979) (similar procedural history; holding that Superior Court “of course, could not dismiss an action brought in the Federal court”). The matter was then transferred back to the Federal court. Before the tribunal’s report was officially sent back to the Federal court, the Federal action had already moved forward. After the tribunal issued its decision, Washington filed a motion in the Federal […]
Washington v. Cranmer (Lawyers Weekly No. 11-153-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12-P-1770 Appeals Court CRYSTAL WASHINGTON vs. HILARIE CRANMER. No. 12-P-1770. Suffolk. June 3, 2013. – December 1, 2014. Present: Rapoza, C.J., Cypher, Kantrowitz, Milkey, & Maldonado, JJ.[1] Medical Malpractice, Tribunal, Expert opinion. Negligence, Doctor, Medical malpractice. Practice, Civil, Offer of proof. Evidence, Offer of proof. Civil action commenced in the Superior Court Department on November 30, 2010. A motion to dismiss was considered by Frances A. McIntyre, J. Nicholas D. Cappiello for the plaintiff. Matthew S. Rydzewski for the defendant. MILKEY, J. On the morning of March 22, 2008, the plaintiff, Crystal Washington, went to the emergency department at Brigham and Women’s Hospital (BWH). There, she complained of various symptoms, and the defendant, Hilarie Cranmer, M.D., examined, treated, and discharged her. After she returned home, Washington suffered a stroke overnight, which caused permanent neurological damage. She filed this action in Superior Court alleging that Dr. Cranmer caused her injuries by not complying with the applicable standard of care.[2] In accordance with G. L. c. 231, § 60B, the matter was referred to a medical malpractice tribunal.[3] After a hearing, the tribunal concluded that Washington’s offer of proof, even if properly substantiated, was insufficient to raise a “legitimate question of liability appropriate for judicial inquiry.” G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5. Washington did not post the $ 6,000 bond required by the statute, and her action therefore was dismissed.[4] See ibid. (“[i]f [the] bond is not posted within thirty days of the tribunal’s finding the action shall be dismissed”). Because we agree with Washington that her offer of proof was adequate, we reverse. Standard of review. “Before a medical malpractice tribunal, a plaintiff’s offer of proof must (1) show that the defendant is a provider of health care as defined in G. L. c. 231, § 60B; (2) demonstrate that the health care provider [in question] did not conform to good medical practice; and (3) establish resulting damage.” Saunders v. Ready, 68 Mass. App. Ct. 403, 403-404 (2007), citing Santos v. Kim, 429 Mass. 130, 132-134 (1999). The relevant standard of care is the one that applies to “the average qualified physician in his or her area of specialty” (in this case, an emergency medicine physician). Medina v. Hochberg, 465 Mass. 102, 106 (2013). Whether the physician met the applicable standard of care generally can be answered only […]
Mount Washington Bank Robbed of $180 on Friday
The following information was supplied by the Boston Police Department. Charges listed do not indicate a conviction. A man made off with $ 180 from Mount Washington Bank on Friday, according to police. Boston Police officers responded to a bank alarm at 4:08 p.m. on Friday, June 7 at the Mount Washington Bank at 1134 Washington Street. On the scene, officers spoke to witnesses who said that the bank was robbed at about 3:59 p.m. Witnesses told the police that the suspect approached the counter, handed the clerk an EBT card and asked to withdraw $ 150 from the card. The teller said, “no,” and the suspect reportedly handed the teller a note. The note read: “Large bills or I’ll shoot you,” according to police. The suspect was handed $ 180 dollars and left out the front door, heading up East Berkley Street towards Washington Street, police said. Officers were not able to locate the suspect. The investigation is ongoing, police said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Police: Man Wanted For Indecent Exposure Arrested on Washington Street
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. Boston police officers recognized a man who was wanted by MBTA police for allegedly exposing himself on the T back in April. Boston Police reported they were on patrol near 1855 Washington St. in the South End on May 17 when at about 4:45 a.m, officers recognized a suspect in the neighborhood who was wanted on an indecent exposure warrant. The warrant was issued by the MBTA Police Department from April 8, 2013. Officers arrested Tracy Johnson of 794 Massachusetts Ave., on the outstanding warrant. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
275 Washington Street Corp. v. Hudson River International, LLC, et al. (Lawyers Weekly No. 10-071-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11217 275 WASHINGTON STREET CORP., trustee,[1] vs. HUDSON RIVER INTERNATIONAL, LLC,[2] & another.[3] Suffolk. January 7, 2013. ‑ April 30, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Contract, Lease of real estate, Termination, Damages, Indemnity. Landlord and Tenant, Lease as contract, Rent, Termination of lease. Real Property, Lease. Damages, Breach of contract. Indemnity. Guaranty. Civil action commenced in the Superior Court Department on May 29, 2008. The case was heard by Charles T. Spurlock, J., on motions for summary judgment, and entry of final judgment was ordered by Carol S. Ball, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. David G. Hanrahan (John G. Hofmann with him) for the plaintiff. Bruce E. Falby (Matthew Iverson with him) for the defendants. Adam N. Lewis & Neil R. Janulewicz, Jr., for Arts & Business Council of Greater Boston, Inc., amicus curiae, submitted a brief. Lawrence P. Heffernan, John T. Ronayne, Danielle Andrews Long, & Kendra L. Berardi, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief. GANTS, J. The primary questions on appeal are threefold. First, after a breach of a commercial lease by the tenant and termination of the lease by the landlord, does an indemnification clause in the lease, in the absence of specific language so providing, allow the landlord to recover before the end of the lease term the present value of lost future rent once the landlord relets the property to another tenant for the duration of the lease? Second, in the absence of a clause in the lease specifically so providing, does our common law allow a landlord to recover contract damages for the present value of lost future rent after the termination of the lease? Third, does the liability of the guarantor here exceed the liability of the tenant? We answer, “No,” to each question. We hold that a landlord cannot recover for posttermination damages under an indemnification clause in a lease until the end of the period specified in the lease, when the amount of indemnification is certain, unless the indemnification clause specifically provides that damages may be recovered earlier. We also hold that a landlord has no common-law […]
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Police: Attempted Robbery at Washington Street Bank Failed When Teller Couldn’t Read Note
The following information was supplied by the Boston Police Department. Charges do not indicate a conviction. An attempted bank robbery at the Mount Washington Bank on Saturday morning failed when the suspect handed the teller a reportedly illegible note, called her “stupid” for not being able to read it, and left. Boston Police responded to a robbery in progress at 11 a.m. on Saturday at the Mount Washington Bank at 1134 Washington St. One of the bank’s tellers told police that just before 11 a.m., a suspect had attempted to rob the bank. The employee told officers that the suspect handed her a note. The employee was unable to determine the exact wording of the note, but was able to read the word “shoot.” The suspect then stated, “Give me the money or I’ll shoot you.” The employee told officers that she was confused at first and asked the suspect to repeat what he had said. The suspect then told the employee, “You are stupid.” He then took the note, and left the bank. The suspect did not leave the bank with any money. The FBI bank robbery task force has launched an investigation. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
What Sold in the South End: Washington Street 1-Bed for $1.25M
Realtors & Homeowners: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos & Videos” button below the photos and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. Below is a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 223 Main Street #4 Condo, 2 Beds/2 Baths, 1387 sq. ft. $ 625,000 $ 599,000 Hammond Residential, Nancy Roth North End 343 Commercial Street #501 Condo, 2 Beds/2 Baths, 1363 sq. ft. $ 962,500 $ 990,000 CL Waterfront Properties, Carmela Laurella Beacon Hill 32 Myrtle St #3-2 Condo, 1 Bed/1 Bath, 661 sq. ft. $ 450,000 $ 429,000 Coldwell Banker, Chris Bushing Back Bay 9 Arlington Street #th Condo, 5 Beds/3.5 Baths, 3804 sq. ft $ 5,375,000 $ 5,495,000 Daniel A. Mullin Associates, Daniel A. Mullin South End 1200 Washington Street #PH509 Condo, 1 Bed/2 Baths, 1977 sq. ft. $ 1,250,000 $ 1,279,000 Keller Williams Realty International – Boston – Back Bay, The John O’Connor Team “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Featured Open House: Washington St. 2 Bed, $549K
South End Patch
What Sold in the South End: Washington Street 3-Bed Condo for $1.2M
Realtors & Homeowners: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos & Videos” button below the photos and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. Here’s a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 54 Rutherford Avenue Single Family, 3 Beds/3.5 Baths, 1832 sq. ft. $ 889,000 $ 869,000 Gibson Sotheby’s International Realty, Frank Celeste North End 16 Foster St. #9 Condo, 1 Bed/1 Bath, 408 sq. ft. $ 290,000 $ 249,000 Gibson Sotheby’s International Realty, Paul Stec Beacon Hill 3 Walnut St #PH6 Condo, 3 Beds/2 Baths, 1832 sq. ft. $ 1,610,000 $ 1,699,000 Coldwell Banker, Eve Dougherty Back Bay 282 Beacon Street #7 Condo, 4 Beds/4 Baths, 3310 sq. ft $ 3,850,000 $ 3,800,000 Campion & Company Fine Homes Real Estate, Tracy Campion South End 1200 Washington Street #223 Condo, 3 Beds/2 Baths, 2116 sq. ft. $ 1,225,000 $ 1,174,000 Boston Realty Advisors, Robert Cohen “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Boston Chops, Urban Steak Bistro, Opening in February on Washington Street
When you walk into the South End’s newest steakhouse when it opens in a few weeks, the first thing you’ll notice is the dramatic transformation of the physical space at 1375 Washington Street. The large ornate wooden ceiling that gave a unique Asian feel to former restaurant Ginger Park is now gone, replaced instead with an exposed celing and a full wall of dark exposed brick. “All people were asking was, ‘Are you keeping the ceiling?’” co-owner Brian Piccini. “Well, we gutted the ceiling. We’ve left the steel beams all exposed, painted and lit up and that helps create a more casual modern feel to it.” Piccini, with chef Christopher Coombs, is behind the restaurant’s new take on a steakhouse. The two are no stranger to the restaurant business, having opened dbar, an upscale restaurant, nightclub and lounge, at 1236 Dorchester Ave. in 2005, and in late 2010, the duo got their second venture, Deuxave, up and running at 371 Commonwealth Ave. in Back Bay. Piccini said the restaurant will stay true to focusing on the quality of the meat, but will also provide ancillary cuts to utilize the whole cow and provide different price points for patrons. “The South End is very forward thinking, so we wanted to do a modern take on what a steak house can be,” said Piccini. The concept of the menu is that customers will pick their cuts of meat, pick their sauce, and get a piping hot plate of fresh frites to go with it. “We will have some exceptional cuts for people who want that really nice special piece of prime meat, but we’re also going to have a wide range,” he said, noting that sirloin, tenderloin and rib eye is only 15 percent or so of the whole cow. “We don’t want to have that super expensive product here; I don’t think that’s what the South End needs.” All the steakhouse’s meat products will be supplied by John Duare at Kinnealy Company. Piccini said the meat is already aging in the company’s warehouse. The restaurant’s drink program will be cocktails unique to the restaurant and seasonally influenced, but the specifics of the drink and wine menu haven’t been set yet, said Piccini. With a bar made of steel inlays and heavy reclaimed wood that runs the length of the entire space, it’s safe to say drinks will be an important part of the experience. The South End is particularly special to Piccini, as Tremont Street’s Aquitaine was where he got his start in the restaurant business. Piccini, who was a classicly trained pianist, was laid off at Top of the Hub after the attack on Sept. 11th […]