Category: Massachusetts District Court Appellate Division Opinions

Michael Lentz vs. Metropolitan Property Casualty Insurance Company Massachusetts Appellate Division, Northern District. April 9, 2001. Present: Coven, Curtin Wright. JJ. Insurance, Motor vehicle; Damage claim, Refusal to honor. Contract, Breach. Consumer Protection, G.L.c. 93A; Unfair and deceptive acts or practices. Evidence, Prior property damage claims; Portions of transcribed pretrial examination of plaintiff. Practice, Civil, […]

ROSS E. MITCHELL vs. MARTIN M. STEIN Massachusetts Appellate Division, Northern District. March 14, 2002. Present: Coven, Greco Wright, JJ. Tort, Malicious prosecution Practice, Civil, Dist/Mun. Cts. R.A.D.A, Rule 8A; Summary judgment Opinion reversing allowance of defendant’s summary judgment motion and returning case for trial. Summary judgment motion heard in the Newton Division by Klein, […]

Elaine A. Nevins another[1] vs. Alfred B. Tinker, Jr. Massachusetts Appellate Division, Southern District. November 18, 1980. [1] Delores Pokalski, Co-Executrix of the estate of the late Luella B. Carlson. In the docket entries, this Co-Executrix’ name is given as Delores Pokalski. In some court papers, including the report, however, she appears as Dolores Pohalski. […]

Phyllis Handy v. Robert Kraft, and another.[1] Massachusetts Appellate Division, Southern District. November 29, 2004. [1] Although it was not formally named as a party in the action, we treat Foxboro Realty Associates, LLC (“FRA”) as a party defendant since that is the entity that entered into the settlement agreement that is the subject of […]

Ricardo F. Chumbiray vs. Central-Chrysler Plymouth Jeep Eagle Massachusetts Appellate Division, Municipal Court. June 14, 1999. Present: Kelly, Hershfang Meagher, JJ. Consumer Protection, G.L.c. 93A Tort, Intentional infliction of emotional distress Damages, Statement of Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8A; Motion for removal to Superior Court. Opinion reversing denial of motion […]

Arthur R. Tosti vs. Pro-Tection, Inc. Massachusetts Appellate Division, Southern District. October 2, 1986. Present: Black, P.J., Staff Silva, JJ. Contract, Implied-in-law agreement; Production of franchise buyer Practice, Civil, Requests for rulings Damages, Value of services. Report of court’s dismissal of defendant’s report. Action heard in the Quincy Division by Criss, J. Robert J. Rutecki […]

Exchange Street Auto Body, Inc. vs. Phillip Stockton Massachusetts Appellate Division, Northern District. September 21, 1982. Present: Cowdry, P.J., Forte Tiffany, JJ. Contract, For towing and storage of motor vehicle: Breach Garageman’s Lien, Notice requirement Damages, Storage fees Practice, Civil, Requests for rulings. Report of court’s entry of new judgment for plaintiff in the amount […]

Freda Cohen vs. Union Warren Savings Bank Massachusetts Appellate Division, Southern District. July 16, 1991. Present: Dolan, P.J., Kane Martin, JJ. Insurance, Life; Notice requirements Contract, Breach. Report of court’s vacating of judgment for defendant on Count I and entry of judgment for plaintiff in amount of $10,000, plus interest and costs. Action heard in […]

Rufus F. Walker, Trustee vs. Board of Appeals of Harwich and others[1] Massachusetts Appellate Division, Southern District. March 16, 1982. [1] The members of the Board of Appeals named in the Petition are: Walter C. Hemeon, John L. Roche, Eleanor Tobey, William J. Jussila, George N. Vagenas, Dean Derby, and Sara Ayer. The other defendants […]

JUDITH B. GRANDE v. PFL LIFE INSURANCE CO. Massachusetts Appellate Division, Northern District. September 27, 2000. Present: Merrick, P.J., Coven Curtin, JJ. Contract, Sale of life insurance policy; Breach. Tort, Conversion. Consumer Protection, G.L.c. 93A and 176D. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion dismissing plaintiff’s appeal. Action heard in the […]

Patricia Gulino and another[1] vs. Sherwin-Williams Company vs. Patrick Grady Massachusetts Appellate Division, Northern District. May 16, 1988. [1] Emanual Gulino. Present: Doyle, P.J., Forte Ruma, JJ. Contract, Breach; Breach of warranty Tort, Negligence; Strict liability Practice, Civil, Third-party complaint for contribution; Motion to dismiss; Dist./Mun. Cts. R. Civ. P., Rule 12(b)(6). Report of court’s […]

Consolidated Rail Corporation vs. Commonwealth Fruit and Produce Massachusetts Appellate Division, Municipal Court. July 18, 1983. Present: Elam, C.J., Donovan O’Toole, JJ. Contract, for transportation and delivery of freight Damages, Demurrage charges Practice, Civil, Requests for rulings; Waiver of issue, Dist./Mun. Ct. R. Civ. P., Rule 64(f)Evidence, Waybills and audit statements as “business records.” Report […]

Jeanne M. Penney vs. William F. Thompson Massachusetts Appellate Division, Northern District. April 16, 1981. Bills and Notes, Promissory note Contract, For sale of real estate; Breach; Misrepresentation; Waiver Landlord and Tenant, Assignment of lease; Covenant not to sublet Practice, Civil, Findings of fact; Requests for rulings. Report of court’s action on plaintiff’s requests for […]

George E. MacLeod, III vs. John Hodgman[1] and another[2] Massachusetts Appellate Division, Southern District. April 7, 1981. [1] Director of the Massachusetts Division of Employment Security. [2] Acushnet Company, Rubber Division. Present: Lee, P.J., Rider Staff, JJ. Practice, Civil, Petition to establish report; Dist./Mun, Cts. R. Civ. P., Supp. Rule 140 Unemployment Compensation, Disqualification for […]

Darlene Marrese vs. CNA Insurance Companies Massachusetts Appellate Division, Southern District. September 30, 1992. Present: Dolan, P.J., Welsh Kane, JJ. Insurance, “No fault” benefits Practice, Civil, Dist./Mun. Cts. R. Civ. P., Rule 64 (c) (2); Draft report, Deficiencies in. Report of court’s denial of plaintiff’s petition to establish report. Action heard in the Hingham Division […]

Erwin T. Kilgore and another[1] vs. R.J. Grosso Enterprises, Inc. vs. Season-All Industries, Inc. Massachusetts Appellate Division, Western District. March 26, 1987. [1] Erma S. Kilgore. Present: Lenhoff, Turcotte Larkin, JJ. Contract, For window installation Consumer Protection Act, G.L.c. 93A; Indemnification Damages, Double; Attorney’s fees. Report of court’s vacating of judgment for third party plaintiff […]

Choeun Ny[1] vs. Metropolitan Property Casualty Insurance Company Massachusetts Appellate Division, Northern District. September 2, 1998. [1] Consolidated with Sahoeut Noeun v. Metropolitan Property and Casualty Insurance Co., Lowell Division No. 9511-CV-1315. Present: SHERMAN, P.J.,[2] MERRICK COVEN, JJ. [2] The Honorable Arthur Sherman, Presiding Justice, participated in the hearing and post-hearing conference on this case, […]

Mediplex of Massachusetts, Inc.[1] vs. Elizabeth Donovan, and another[2] Massachusetts Appellate Division, Northern District. June 21, 1994. [1] Doing business as Peabody Glen Nursing Center. [2] Salem Five Cents Savings Bank, trustee. Present: Forte, Coven, JJ. Contract, Oral; Providing of nursing home care to husband prior to death; Liability of widow Practice, Civil, Motion to […]

Jessica Morse vs. The Stop Shop Supermarket Company Massachusetts Appellate Division, Northern District. July 26, 2001. Present: Merrick, P.J., Coven Curtin, JJ. Tort, Personal injuries; Slip and fall on grapes. Negligence, of supermarket. Practice, Civil, Dist./Mun. Cts. R. A. D. A, Rule 8C. Opinion dismissing plaintiff’s appeal. Summary judgment motion heard in the Dorchester Division […]

Roger J. Dines[1] vs. Liberty Mutual Insurance Massachusetts Appellate Division, Western District. July 15, 1988. [1] Doing business as Roger J. Dines Sons. Present: Turcotte, P.J., Lenhoff McGuane, JJ. Lien, Promissory; For motor vehicle storage charges Damages, Quantum meruit Practice, Civil, Requests for rulings. Report of court’s dismissal of plaintiff’s report. Action heard in the […]