Williamson-Green v. Equipment 4 Rent, Inc. (Lawyers Weekly No. 11-023-16)
Affirmed punitive damages award against boom lift rental company for gross negligence resulting in death from unsafe equipment.
Appeals Court Opinions
Sewall-Marshal Condominium Association v. 131 Sewall Avenue Condominium Association (Lawyers Weekly No. 11-022-16)
Parking agreement between neighboring condominiums enforced as valid contract despite condominium statute claims and unconscionability defense.
Commonwealth v. Dragotta (and one companion case) (Lawyers Weekly No. 11-021-16)
Mother and boyfriend convicted of inflicting multiple fractures on five-week-old infant. Sufficiency of evidence and expert testimony issues affirmed on appeal.
Blanchard, et al. v. Steward Carney Hospital, Inc., et al. (Lawyers Weekly No. 11-020-16)
Statements to newspaper constituted protected petitioning activity under anti-SLAPP statute where made in response to union's media statements and designed to influence ongoing regulatory licensing investigation. Internal email to hospital staff did not qualify.
Clark, et al. v. Leisure Woods Estates, Inc. (Lawyers Weekly No. 11-019-16)
Manufactured housing residents recovered damages for breach of covenant of quiet enjoyment and violations of Consumer Protection Act regulations governing road maintenance and home site conditions.
Commonwealth v. Zammuto (Lawyers Weekly No. 11-018-16)
District Court properly tried defendant in absentia after he failed to appear mid-trial without good cause. Civil rights conviction affirmed despite retaliation claim.
Commonwealth v. Lovering (Lawyers Weekly No. 11-017-16)
Constructive possession of firearm not established where defendant absent from apartment for month. Conviction for unlicensed possession reversed; gun storage and abuse prevention violations affirmed.
Commonwealth v. Garcia (Lawyers Weekly No. 11-016-16)
Conviction reversed where trial court admitted testimony about private marital conversation through third party, violating spousal disqualification statute protecting confidentiality of spousal communications.
Commonwealth v. Firmin (Lawyers Weekly No. 11-015-16)
Trial judge impermissibly coerced jury by invoking deadlock instruction before deliberations began and emphasizing court inconvenience and practical time pressure.
Commonwealth v. Perez (Lawyers Weekly No. 11-014-16)
Bank employee convicted of theft from customer accounts. Forged withdrawal slips and related documents properly authenticated despite lacking required statutory affidavit.