Lizardo v. Ortega (Lawyers Weekly No. 11-078-17)
Father's retroactive disability payment treated as single lump-sum distribution subject to federal sixty-five percent garnishment limit; additional payment to mother reversed as excessive.
Appeals Court Opinions
Chamberland v. Arbella Mutual Insurance Company (Lawyers Weekly No. 11-077-17)
Underinsured motorist insurer did not waive arbitration rights by waiting until insured's lawsuit against tortfeasor concluded before demanding arbitration of coverage dispute.
Roth v. Newpol, et al. (Lawyers Weekly No. 11-069-17)
Residuary clause disposing of "any monies remaining in my estate" did not include testator's one-half interest in real property; interest passed by intestate succession.
Commonwealth v. Aguiar do Nascimento (Lawyers Weekly No. 11-074-17)
Amended statute prohibiting secret videotaping of clothed intimate parts applies in public places when reasonable expectation of privacy exists.
Commonwealth v. Lewis (Lawyers Weekly No. 11-075-17)
Defendant convicted of rape and assault and battery. Affirmed. Trial court properly admitted two first complaint witnesses describing victim's separate disclosures of distinct incidents on different dates.
Commonwealth v. Nelson (Lawyers Weekly No. 11-073-17)
Trial judge properly seated juror who stated slight bias toward police testimony but assured impartiality. Defendant's failure to use available peremptory challenge on juror and acceptance of jury panel precluded reversal.
Commonwealth v, Davis (Lawyers Weekly No. 11-072-17)
Defendant's rule 36 speedy trial motion granted where court congestion delays occurred despite his objections and Commonwealth's readiness for trial.
Bonina v. Sheppard (Lawyers Weekly No. 11-070-17)
Unmarried cohabitant entitled to restitution for substantial contributions to improve partner's home based on actual costs incurred rather than increase in property value.
Dudley v. Massachusetts State Police (Lawyers Weekly No. 11-071-17)
State Police dog attacks bystander during suspect pursuit in parking lot; discretionary immunity does not shield tactical field decisions from negligence liability.
Roth v. Newpol, et al. (Lawyers Weekly No. 11-069-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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…