WDKLAW

Automobile Insurance / Property Damage

Class action lawsuit to determine if inherent diminished value (IDV) was compensable under part 4 of the Standard Massachusetts automobile insurance policy. The SJC determined that IDV damages are recoverable under part 4.

Wrongful Death / Construction Accident

Wrongful death action alleging negligent installation of water heaters caused decedent's death. Defendant's motion for summary judgment was allowed based on a six-year statute of repose for improvements to real property.

Insurance Dispute / Motor Vehicle Accident

Plaintiff's claim against an insurance company for a 93A violation, alleging exploitation of mental incapacity regarding a prior motor vehicle accident settlement, was dismissed based on collateral estoppel.

Motor Vehicle Accident / Evidence Law

Appellate Court ruled that an admission of liability ('It was all my fault') made after a motor vehicle accident should have been admitted as evidence, overturning a trial court's decision to exclude it under the benevolent gestures statute.

Premises Liability / Slip and Fall

Plaintiff recovered damages at a jury trial after falling down an unmarked step in a restaurant. The Appellate Court affirmed the judgment, addressing issues of failure to warn, negligent design, and duty to remedy.

Premises Liability / Slip and Fall

Plaintiff's appeal after a jury found the defendant not negligent in a slip and fall case was denied because the plaintiff waived arguments by not raising them at the trial level.