Seich v. Town of Canton 426 Mass. 84 (1997)
It was decided that a Massachusetts statute prevented claims for injuries sustained on town school property, while attending a sporting event sponsored by the town.
Shu v. Eisenklam, 32 Mass. App. Ct. 92 (1992)
On appeal, the plaintiffs’ motion for a new trial was granted based on jury instructions that were not consistent with testimony presented by the experts.
Shulton, Inc. v. Consumer Value Stores, 352 Mass. 605 (1967)
The case was remanded to the Superior Court to determine whether the defendant’s commodities, which were sold at retail, were in fair and open competition with other similar commodities.
Smith v. Steinberg, 395 Mass. 666 (1985)
Allowed suit against doctor employed at University of Massachusetts, even though employees of the Commonwealth are generally immune from suit.
Thomas Cook & Sons v. Assembled Homes, Inc., 357 Mass. 425 (1970)
The complaint, which alleged only negligence due to inferior craftsmanship, failed to adequately state a cause of action in tort.
Tryon v. City of Lowell, 29 Mass. App. Ct. 720 (1991)
The Superior Court’s judgment for the defendant was overturned because the extent of the duty owed by the City to an injured child was a question of fact for the jury to determine, and the defendant could not avoid liability under the discretionary function exemption of the Massachusetts Tort Claims Act (G. L. c. 258, § 10(b)). At trial, the jury awarded Sugarman‘s clients damages for injuries to a child trespasser after his arm was run over by a train as he walked along railroad tracks on his way to school.
Zeller v. American Safety Razor Corp., 15 Mass. App. Ct. 919 (1983)
A patient injured when surgical blade broke in her back during spinal surgery. Verdict for patient was upheld when the defendants expressly waived their objections to the admission of evidence by failing to properly preserve their argument under Mass.R.Civ.P. 50(a).