Rose, et al. v. Highway Equipment Company v. Splaine (Lawyers Weekly No. 11-105-14)
Appeals Court affirmed judgment for equipment manufacturer in injury case, finding jury instructions on unreasonable use affirmative defense were sufficient.
Appeals Court Opinions
Commonwealth v. Forbes (Lawyers Weekly No. 11-103-14)
Affirmed mayhem conviction where defendant bit off substantial ear portion; vacated duplicative assault and battery conviction.
Commonwealth v. Dale (Lawyers Weekly No. 11-101-14)
First complaint testimony admissible despite victim's failure to remember making the complaint; discrepancies in memory go to weight, not admissibility.
Commonwealth v. Malick (and a companion case) (Lawyers Weekly No. 11-102-14)
Vacated and remanded probation revocation order; affirmed denial of sentence revision motion. Criminal restitution serves penal goals beyond victim compensation.
Becker v. Phelps (Lawyers Weekly No. 11-098-14)
Wife's alimony obligations did not automatically terminate when husband remarried under Alimony Reform Act where parties agreed surviving agreement was not modifiable.
Kewley v. Department of Elementary and Secondary Education, et al. (Lawyers Weekly No. 11-099-14)
Appeals court affirmed that new licensing board for speech-language pathologists could require board licensure despite preexisting DESE license.
Hazel’s Cup and Saucer, LLC v. Around the Globe Travel, Inc. (Lawyers Weekly No. 11-100-14)
Class action properly certified under TCPA for unsolicited fax advertisements. Judge erred denying certification based on disproportionality of statutory damages to actual harm.
Barrow v. Dartmouth House Nursing Home, Inc., et al. (Lawyers Weekly No. 11-095-14)
Arbitration agreement signed by son on mother's behalf during nursing home admission unenforceable without explicit authorization.
Lowell v. Talcott, et al. v. Hunnewell, et al. (Lawyers Weekly No. 11-096-14)
Woman born during mother's marriage seeks trust benefits as great-grandchild. Court holds legitimacy status, not paternity, controls beneficiary status for 1951 wills.
Zimmerling v. Affinity Financial Corporatiopn, et al. (Lawyers Weekly No. 11-097-14)
Security interests in escrowed funds are not extinguished by transfer from deposit account where transferee holds only conditional equitable interest, not legal title or completed transfer.