Reported Cases

Saharceski v. Marcure, 373 Mass. 304 (1977)  In a case where both the plaintiff and the defendant are residents of Massachusetts and are employed by a Massachusetts corporation, and the plaintiff was injured in a motor vehicle accident in Connecticut in which the plaintiff was a passenger in a vehicle owned by the employer and the defendant was the driver, Massachusetts law applied to bar recovery by the plaintiff against a fellow employee where worker’s compensation benefits were available under G. L. c. 152.

Seich v. Town of Canton 426 Mass. 84 (1997)  Deciding that a Massachusetts statute prevents a claim 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)  Plaintiffs’ motion for a new trial was granted on appeal to Sugarman 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 generally employees of the Commonwealth are immune from suit.

Thomas Cook & Sons v. Assembled Homes, Inc., 357 Mass. 425 (1970)  The complaint failed to adequately state a cause of action in tort where it alleged only negligence due to inferior craftsmanship.

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 when his arm was run over by a train as he walked along railroad tracks on the way to school.

Zeller v. American Safety Razor Corp., 15 Mass. App. Ct. 919 (1983)  Patient injured when surgical blade broke in her back during spinal surgery. Verdict for patient was upheld where 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).