Reported Cases

Cellucci v. Sun Oil Co. , 2 Mass. App. Ct. 722 (1974), aff’d, 368 Mass. 811 (1975)   Specific performance was properly granted; the defendant is bound by the actions of its agent.

Christopher v. Father’s Huddle Cafe, Inc. et al., 57 Mass. App. Ct. 217 (2003)  Verdict, including punitive damages, against the bar and its management company for failure to provide adequate security, resulting in the off-premises death of a patron. The verdict was upheld on appeal.

Colter v. Barber-Greene Co., 403 Mass. 50 (1988)  A jury verdict in favor of a worker injured by a defective machine was affirmed on appeal to the Massachusetts Supreme Judicial Court even though the jury also found that the worker’s use of the machine was unreasonable where the manufacturer of the machine was negligent in its design.

Courtemanche v. AT&T Co., 47 Mass. App. Ct. 1119 (1999)  The dismissal of the plaintiff’s case by the trial court was reversed, and a new trial was ordered. Sugarman lawyers successfully argued to the appellate court that the plaintiff had shown sufficient evidence that a jury could reasonably infer that the accident was caused by the defendant’s negligence.

Diaz v. Eli Lilly & Co. 364 Mass. 153 (1973) and 14 Mass. App Ct. 448 (1982)  Landmark case deciding for the first time in Massachusetts that a husband or wife has a claim for damages (loss of consortium) when their spouse is injured by negligence or wrongdoing.

Dilorio v. Tipaldi, 4 Mass. App. Ct. 640 (1976)  In a case involving severe injuries sustained by an 11-year old boy who ran into a closed sliding glass door which had previously been open, it was not error for the judge to instruct the jury on assumption of the risk together with instructions concerning contributory negligence instead of giving an instruction on assumption of the risk separately.

Dimond v. Sacilotto, 353 Mass. 501 (1968)  Liquor liability case against bar serving alcohol to minor.

doCanto v. Ametek, Inc., 367 Mass. 776 (1975)  Jury verdict to a Sugarman client for injuries caused by a defectively designed laundry machine which injured a worker was affirmed on appeal by the Massachusetts Supreme Judicial Court. Case established precedent allowing into evidence safety changes made after the manufacture of the defective machine.

Downs v. Gulf & Western Mfg. Co., 677 F. Supp. 661 (D. Mass. 1987)  A new trial was granted to allow Sugarman lawyers to present the plaintiff’s claims of negligence and breach of implied warranty of merchantability against the defendant.

Franklin v. Albert, 381 Mass. 611 (1980)  A cause of action does not accrue in medical malpractice cases under G.L. c. 260, § 4 until the plaintiff knows or reasonably should have known of the harm from the defendant’s conduct. This decision allowed Sugarman lawyers to bring a claim on behalf of our client.