Kace v. Liang (Lawyers Weekly No. 10-154-15)
Affirmed judgment in wrongful death case despite trial errors regarding expert disclosure and inadmissible Internet hearsay, finding no material prejudice.
Weekly
In the Matter of the Estate of Galatis (Lawyers Weekly No. 11-136-15)
Will contestant overcomes capacity presumption; burden shifts to proponents. Trial judge properly found encephalopathy and medications rendered testator unable to understand will provisions.
Schechter v. Schechter (and a companion case) (Lawyers Weekly No. 11-135-15)
Affirmed custody award, abuse prevention order, and invalidity of prenuptial agreement; vacated overly broad removal provision requiring remand for evidentiary hearing.
Merchants Insurance Group v. Spicer, et al. (Lawyers Weekly No. 11-134-15)
Insurance company must exhaust administrative remedies before seeking rescission of workers' compensation policy in Superior Court while employee's claim is pending at DIA.
Doe, et al. v. Boston Medical Center Corporation (Lawyers Weekly No. 11-133-15)
Hospital liable for assault by interpreter when employment facilitated harmful access to vulnerable patient; foreseeability assessed from employment duties, not prior conduct.
Commonwealth v. Penn (Lawyers Weekly No. 10-153-15)
Murder conviction affirmed; sentence vacated and remanded for resentencing of juvenile offender to life with parole eligibility.
Commonwealth v. Mejia (Lawyers Weekly No. 11-132-15)
Defendant convicted of assault and battery under joint venture theory for shooting incident. Affirmed despite weak link between defendant and murder weapon; defendant forfeited objection by stating no objection at trial.
Commonwealth v. Camacho (Lawyers Weekly No. 10-152-15)
Murder conviction affirmed where surveillance footage and witnesses established the victim played no role in the fight preceding the shooting, making evidence of his prior violent acts irrelevant.
Commonwealth v. Cruz (Lawyers Weekly No. 11-131-15)
Convictions affirmed for caregiver whose elderly mother died of sepsis from neglected decubitus ulcers. Evidence of recklessness and non-duplicative convictions under two elder abuse statutes upheld.
Navy Yard Four Associates, LLC v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-130-15)
Public tidelands classification survives transfer to private ownership absent legislative action. Department's interpretation of Commonwealth tidelands regulations upheld.