Reported Cases

Affanato v. Merrill Bros., 547 F.2d 138 (1st Cir. 1977)

A default judgment against the defendant resulted in a decision that awarded damages to our client. Appellate court upheld the decision

Afonso v. City of Boston, 587 F. Supp. 1342 (D. Mass. 1984)

Although a doctor was on military duty while training for his residency, he was detailed to a private university when he provided treatment to the plaintiff.  Therefore, it was decided that the United States could not be substituted as the defendant in the case because the doctor was not acting as a servant of the United States when said treatment was performed.

Arcand v. Evening Call Publ’g Co., 567 F.2d 1163 (1st Cir. 1977)

The phrase, “Is it true that a Bellingham cop locked himself and a female companion in the back of a cruiser in a town sandpit and had to radio for help?” was printed in a Rhode Island newspaper.  Since the statement defamed an unidentified member of the police force, who was merely one of 21 officers in that force, it did not give rise to a cause of action.

Assetta et al. v. Safety Ins. Co., 43 Mass. App. Ct. 317 (1997)

Sugarman lawyers won an arbitration award for a woman after she was struck in the face and injured by a bottle thrown out of a moving vehicle, by that vehicles operator. The arbitration occurred after a successful appeal by Sugarman lawyers.  The Appeals Court held that the incident did arise out of the use of a motor vehicle and, as a result, the plaintiff was entitled to underinsured motorist benefits under the Massachusetts Auto Policy.

Aylward v. McCloskey, 412 Mass. 77 (1992)

Homeowners were not found liable for the injury that occurred as a result of  natural accumulation of snow and ice on their property.

Bloomberg v. Greylock Broad. Co., 342 Mass. 542 (1961)

Due to the fact that the plaintiff brought about the conference between representatives from each of the two sides, that individual was entitled to a broker’s commission following that sale of a television station. 

Bois v. United States, 747 F. Supp. 109 (D. Mass. 1990)

A judgment won by our attorneys against the United States was upheld in a case of medical malpractice, in which the physician failed to diagnose throat cancer.

Brillante v. United States, 449 F. Supp. 597 (D. Mass. 1978)

Under the comparative negligence statute, the plaintiff cannot recover damages in cases that proper care was not taken by that party.

Brown v. Marr Equip. Corp., 355 Mass. 724 (1969)

It was found that an employee of the subcontractor could not recover against the defendant because the plaintiff’s employer and the general contractor both provide worker’s compensation benefits under G. L. c. 152, and the employee failed to reserve his common law rights.

Carey v. General Motors Corp., 37 Mass. 736 (1979)

Following an automobile accident, The Massachusetts Supreme Judicial Court rejected General Motors’ appeal from a jury verdict that awarded damages to the two occupants injured by the faulty design of the car in which they were riding. Sugarman lawyers successfully argued that there were three defects in the car, each of which would be sufficient to cause the crash on its own.