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| Carey v. New Eng. Organ Bank, SJC-09504,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 15, 2006, Decided
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Overview: Summary judgment on parents' claims under the Uniform Anatomical Gift Act, Mass. Gen. Laws ch. 113, §§ 8(b), (d), 10(e), was proper since an organ bank's actions did not violate the statute except for failing to record the father's telephonic consent, and the bank was excused under good faith immunity provision at Mass. Gen. Laws ch. 113, § 13(c).
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| Commonwealth v. Wojcik, 04-P-1673,
APPEALS COURT OF MASSACHUSETTS, March 15, 2006, Decided
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Overview: That defendant's larceny over $ 250 was not completed, as an insurer did not pay a claim based on fraud, was of no moment as the attempt was a proper predicate for a felony-murder conviction where defendant intentionally caused his truck to hit another car and killed that car's occupant during an insurance scam.
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| Kelly v. Ayer, Docket Number: BACV 2005-00123A,
SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 15, 2006, Decided
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Overview: Home inspector was entitled to summary judgment in his favor in an action centered on a home inspection report he prepared in 2001. Mass. Gen. Laws 112, § 225 was a statute of repose that applied to any action arising from a home inspection and acted to bar the claims made against the inspector by a homeowner in 2004.
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| New Eng. Lumber Specialties, Inc. v. Jarvi, Docket Number: 06-382,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 15, 2006, Filed
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Overview: Because an employer's president aided an employee in finding work with another company, and because the employer did not have any problem with the employee's working for the other company until the business relationship between the two companies deteriorated, the employer was not entitled to the issuance of a preliminary injunction.
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| Nortek, Inc. v. Liberty Mut. Ins. Co., No. 05-P-200,
APPEALS COURT OF MASSACHUSETTS, March 15, 2006, Decided
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Overview: Court erred in dismissing plaintiffs' breach of contract claim as time-barred under Mass. Gen. Laws ch. 260, § 2, as claim did not accrue when insurer first asserted that plaintiffs owed premiums, as it agreed to investigate matter and took no legal action to collect debt, but when it informed plaintiffs it insisted on payment of disputed amount.
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| Spagnulo v. Commonwealth Dep't of Envtl. Mgmt., Docket Number: 2003-191,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Defendants' motion for summary judgment was allowed as under Mass. Gen. Laws ch. 21, § 17C, defendants did not do anything that was near certain to result in severe bodily harm or death. Bleachers husband fell from were obviously six feet high. Fall presented risk of injury, but risk was not high. Injury was not sure to be severe harm or death.
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