Marielise Kelly succeeds in having Judgment Affirmed in the Appeals Court on the Basis of Sudden Medical Emergency Doctrine

Marielise Kelly was successful in the Massachusetts Appeals Court in having judgment of dismissal affirmed in her client’s favor on the basis of the sudden medical emergency doctrine in a case involving serious personal injuries sustained to a mother and her child after a high speed collision where the defendant driver suffered a seizure prior […]

Marielise Kelly and Elise Marshall obtain Defense Verdict in Civil Rights case

Jury Verdict – Marielise Kelly and Elise Marshall successfully defended Martha’s Vineyard Transit Authority in civil rights case tried in federal court. Kevin Brooks v. Martha’s Vineyard Transit Authority; Transit Connection, Inc. and James Taylor, 19-11119-WGY, United States District Court for the District of Massachusetts. The case involved alleged violations of the Massachusetts Public Accommodations […]

Marielise Kelly obtains Partial Summary Judgment in Civil Rights case.

Summary Judgement – Marielise Kelly obtained a partial summary judgment in favor of Defendant Martha’s Vineyard Transit Authority on Plaintiff’s claims under M.G.L.c. 93A; 42 U.S.C. §1981, as well as a count alleging negligent infliction of emotional distress. The court ruled, as a matter of law, that M.G.L.c. 93A did not apply to the actions […]

John Bee obtains a Defendant’s Verdict.

Jury Verdict – John H. Bee obtained a defendant’s verdict for the Defendant John Nagle Company, a company that supplied salmon to Captain Marden’s Seafood, Inc., a seafood market. Captain Marden’s sold the salmon to The Cottage Restaurant which grilled the salmon and served it to three people who became ill. Plaintiff alleged that Defendant […]

Marielise Kelly Successfully Defends an Excavation Subcontractor at Trial.

Jury Verdict – Marielise Kelly successfully defended an excavation subcontractor at trial in connection with a construction site accident alleging negligence against defendant. Plaintiff was operating a Caterpillar 330 excavator at a construction site adjacent to an excavation that he had dug in the days prior to the accident. The excavator was found on its […]

Patricia Noyes-Corrigan Successfully Defends Against a Motion for Summary Judgment

Summary Judgment – Patricia Noyes-Corrigan, representing the Plaintiff, successfully defended against a Motion for Summary Judgment (Docs 90 and 91, denied in part and allowed in part), as well as a Motion in Limine to Exclude Plaintiff’s Expert Opinion Evidence (Doc 92, denied) filed by Defendants in a United States District Court products liability subrogation […]

Elise Marshall Obtains a Defense Verdict

Jury Verdict – In April of 2019, Elise R. Marshall successfully defended her client in connection with a negligence action filed in the Barnstable Superior Court. Plaintiff claimed significant personal injuries after being thrown from a motorized scooter in the paved shoulder of Route 28 in Falmouth, Massachusetts, in August of 2014. The Defendant maintained […]

Marielise Kelly Obtains a Summary Judgment

Summary Judgment – Marielise Kelly obtained a summary judgment decision in favor of the Defendant motorist on the basis of the sudden medical emergency doctrine. Tanner v. Sherwood, 1772 CV 268 (Barnstable Sup Ct. March 19, 2019) (The Honorable Susan E. Sullivan). Memo of Decision and Order on Def’s Motion for Summary Judgment

Edward Gargiulo and Heather Rowell Obtain a Defense Verdict

Jury Verdict – On February 21, 2019, Edward R. Gargiulo and Heather K. Rowell obtained a Defendant’s verdict for their client W. Vernon Whitely Plumbing and Heating Co., Inc. in a case seeking reimbursement of nearly $800,000 in property damage payments made to Plaintiff as a result of a fire as his residence in March, […]

Marielise Kelly Obtains Summary Judgment

Summary Judgment – The Court granted Defendant R.J. Bevilacqua’s Motion for Summary Judgment. Gargiulo/Rudnick, LLP represents Defendant R.J. Bevilacqua. Memorandum of Decision and Order on Defendant Bevilacqua’s Motion for Summary Judgment 180924 Plymouth Superior Court, Docket Number 1683CV01110