Rulings and Decisions

Ries, et al v. Capone Iron Corporation, et al v. D&S Commercial Masonry

This matter, which arose from a large construction project, involved a Plaintiff inspector’s claims against the general contractor, the project manager and the steel subcontractor. The steel subcontractor, as Defendant/Third-Party Plaintiff, asserted claims against Third-Party Defendant D&S Masonry, the masonry subcontractor. The Court allowed D&S Masonry’s motion for summary judgment, agreeing that since D&S Masonry, […]

Brinkman v. Keating, et al

Court granted Defendants’ Motion for Summary Judgment.  Because the record showed no more than joint ownership of a communal supply of alcohol, the Plaintiff had no reasonable expectation of establishing social host liability at trial and Defendants are entitled to judgment as matter of law. Paul Brinkman v. Paul Keating & another, Civil Action No. 2012-1117B […]

Pagan v. Abdala & Others

Court granted Defendant The Lazy Frog’s partial summary judgment.  There is no evidence Defendant The Lazy Frog exhibited the type of conduct necessary to survive summary judgment on a claim for gross negligence.  There is also no evidence that The Lazy Frog had any role in the design, construction or maintenance of the course. Domingo […]

Parsons, et al v. Town of Tewksbury, et al.

Parsons, et al v. Town of Tewksbury, et al., Civil Action No. 2009-1595 (Middlesex Superior Court) (Ullman, J)

Diaz v. Jepson, et al

Court granted Defendant’s Motion for Summary Judgment.  Mere fact of vehicle’s collision with a deer is not evidence of negligence. In the absence of any evidence of negligent operation by the drivers, Summary Judgment must enter. Diaz v. Jepson, et. al., C.A. No. 2011-1248 (Plymouth Superior Court) (Moriarty, J.)

Sheehan v. Balanced Health & Fitness, Inc. et al

Court denied Plaintiff’s motion to compel Defendants’ tax returns based on a qualified privilege against compelled production of federal tax returns because Plaintiff had failed to demonstrate a substantial need for those documents which is necessary to overcome the qualified privilege. Sheehan v. Balanced Health & Fitness, Inc. et al, C.A. No.: 2011-00690A, Barnstable Superior Court) […]