Robert W. Casby, Principal

Bob Casby devotes his practice to medical malpractice, products liability, construction site accidents, and premises and general liability cases. In addition, he has successfully tried cases involving aviation accidents, railroad accidents, and drug product liability. Nationally known for his in-depth preparation and courtroom agility, Bob brings a sharp understanding of human nature and an unrelenting focus on knowing more about a case than anyone else in the courtroom to his trial practice.

Bob is a past president of the Massachusetts Chapter of the American Board of Trial Advocates and had served on the Board of Governors of the Massachusetts Academy of Trial Attorneys from 1995-1999. In addition, he is a frequent lecturer, locally and nationally, for ALI-ABA, MCLE, the MBA, and other organizations.

Bob joined Sugarman in 1982 and has been a principal of the firm since 1987.

Selected Cases

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.

Sable v. Meade Johnson & Co., 737 F.Supp. 135 (D. Mass. 1990),  United States District Court decides in favor of injured patient who suffered severe complication from drug manufactured by defendant drug company and allows evidence at trial of post injury warnings ordered by FDA.

Inadequate fluid and blood replacement during surgery,  Settlement for 38-year-old cerebral palsy patient who suffered brain damage during surgery as a result of improper monitoring and treatment by anesthesia team.

Frutin v. Dryvit Systems, Inc., 760 F. Supp 234 (D. Mass. 1990),  The United States’ Motion for Summary Judgement was denied in a case involving a mid-air collision because the United States can be held liable under the Federal Tort Claims Act for failure to issue a traffic advisory. The trial that followed resulted in an award to our client for a below-the-knee amputation suffered by a student pilot in a mid-air collision caused by a negligent air traffic controller and another pilot.

Failure to diagnose slipped femoral epiphysis,  Settled after jury verdict against radiologist who misread x-ray of 13-year-old boy who went to local emergency room with hip pain.

Failure to diagnose pelvic/ovarian abscess,  Settlement against a primary care physician and a for-profit hospital following the death of a 35-year-old mother of two children who died of septic shock as a result of the defendants' failure to properly initiate antibiotic treatment or administer diagnostic testing.

Failure to diagnose lung cancer,  Settlement against physicians who failed to follow up on x-ray report of mass in lung in 76-year-old patient who subsequently died from lung cancer.

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