Reported Cases

Affanato v. Merrill Bros., 547 F.2d 138 (1st Cir. 1977)  Appellate court upheld damages awarded to Sugarman client following a default judgment against the defendant.

Afonso v. City of Boston, 587 F. Supp. 1342 (D. Mass. 1984)  Although a doctor was on military duty detailed to a private university while training for his residency when he provided treatment to the plaintiff, the United States could not be substituted as defendant because the doctor was not a servant of the United States with respect to his treatment of the plaintiff.

Arcand v. Evening Call Publ’g Co., 567 F.2d 1163 (1st Cir. 1977)  The question, “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?” which was printed in a Rhode Island newspaper did not give rise to a cause of action because it defamed one unidentified member of the police force which totaled 21 officers.

Assetta et al. v. Safety Ins. Co., 43 Mass. App. Ct. 317 (1997)  Sugarman lawyers won an arbitration award for a woman injured when hit in the face by a bottle thrown by the operator of a moving vehicle. The arbitration took place after a successful appeal by Sugarman lawyers in which 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)  No liability of homeowners for a natural accumulation of snow and ice on their property which caused injury.

Bloomberg v. Greylock Broad. Co., 342 Mass. 542 (1961)  In an action for a broker’s commission on a sale of a television station, the plaintiff was entitled to a commission for bringing about a conference between the representatives of the buyer and seller which led to the sale.

Bois v. United States, 747 F. Supp. 109 (D. Mass. 1990)  Court upheld a judgment won by Sugarman lawyers against United States in a medical malpractice case for failure to diagnose throat cancer.

Brillante v. United States, 449 F. Supp. 597 (D. Mass. 1978)  The comparative negligence statute bars recovery in cases in which the plaintiff fails to exercise proper care.

Brown v. Marr Equip. Corp., 355 Mass. 724 (1969)  The plaintiff, an employee of the subcontractor, may not recover against the defendant where 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)  The Massachusetts Supreme Judicial Court rejected General Motors’ appeal from a jury verdict awarding damages to two occupants injured by the faulty design of a car in which they were riding. Sugarman lawyers successfully argued that there were three defects in the car, any one of which was sufficient to cause the crash.