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| Bourque v. Town & Country Realty, LLC, Opinion No.: 98734, Docket Number: 05-00966,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 25, 2007, Decided
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Overview: Because a former owner did not owe a tenant the requisite duty in order to establish a claim of negligence, and because the implied warranty of habitability did not extend to the former owner, the former owner was entitled to summary judgment in the tenant's personal injury action.
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| Cannon v. Cannon, No. 06-P-495.,
APPEALS COURT OF MASSACHUSETTS, June 25, 2007, Decided
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Overview: Trial court erred in granting summary judgment to the wife of a decedent in an action by the decedent's children seeking to recover a share of life insurance proceeds, because the decedent's failure to have his signature on a beneficiary change form witnessed as required by Mass. Gen. Laws ch. 175, § 123, did not preclude the action.
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| Commonwealth v. Goewey, No. 06-P-1204,
APPEALS COURT OF MASSACHUSETTS, June 25, 2007, Decided
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Overview: State trooper did not violate Mass. Const. Decl. Rights art. 14, when trooper ordered defendant out of the car and pat frisked defendant because trooper had reasonable belief his safety or public's safety was in danger based on defendant's nervousness, stammered responses, and actions in reaching down under seat, around his body, or into a coat.
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| Cutler v. Aristo-Craft of Am., Inc., Opinion No.: 98739, Docket Number: 04-4578,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 25, 2007, Decided
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Overview: Because the employer had legitimate, non-discriminatory reason for terminating the employee, including his "outbursts" and insubordination in refusing to broaden his marketing efforts, and the employee was unable to show his termination was based on age discrimination, summary judgment was granted in favor of the employer.
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| Morales's Case, No. 06-P-1154,
APPEALS COURT OF MASSACHUSETTS, June 25, 2007, Decided
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Overview: Under Mass. Gen. Laws ch. 152, § 50, insurer was entitled to interest on second injury reimbursement made from Workers' Compensation Trust Fund pursuant to Mass. Gen. Laws ch. 152, § 37 and Legislature waived Commonwealth's sovereign immunity as to recovery of interest because § 37's requirement of interest on "payments" included reimbursements.
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| O'Doherty v. Gebeshian, Opinion No.: 98738, Docket Number: 04-5024,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, June 25, 2007, Decided
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Overview: Defendant was not entitled to summary judgment in breach of contract action, which was based on alleged breach of a business arrangement to purchase and develop properties, because defendant did not refute plaintiff's claim of an ongoing business venture and did not offer any evidence of a demand for payment made after last agreement was executed.
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| OneBeacon Ins. Group v. RSC Corp., No. 06-P-953,
APPEALS COURT OF MASSACHUSETTS, June 25, 2007, Decided
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Overview: Trial court did not err in barring contractor and his corporation from pursuant "act of God" defense in homeowners' negligence action because rain that damaged home was predicted, and jury could properly conclude that problem was not amount of rain that fell but was fact that contractor's tarpaulin system collected water instead of shedding it.
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| Commonwealth v. Pelletier, SJC-09771,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, June 26, 2007, Decided
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Overview: Defendant's conviction of operating a motor vehicle under the influence of intoxicating liquor was properly remanded for further proceedings concerning the subsequent offense portion of the complaint, as the trial judge failed to follow the bifurcated hearing procedure required by Mass. Gen. Laws ch. 278, § 11A.
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| Mellon v. Shriners Hosps. for Children, Opinion No.: 98643, Docket Number: 05-00537,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, June 26, 2007, Decided
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Overview: Because an architect was responsible for inspecting the work done by subcontractors to determine if the work was proceeding in accordance with the contract documents, it had a duty of reasonable care to prevent injuries to all persons on the site; therefore, the architect was not entitled to summary judgment in a worker's personal injury action.
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