Category: Massachusetts District Court Appellate Division Opinions

Hermis Yanis vs. Metropolitan Property and Casualty Insurance Company Massachusetts Appellate Division, Western District. December 24, 2002. Present: Ripps, Rutberg Koenigs, JJ. Insurance, Automobile; Theft claim; Policyholder’s failure to comply with insurer’s information requests; G.L.c. 176D Consumer Protection, G.L.c. 93A Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Summary judgment. Opinion affirming allowance […]

Steven Jach, and another[1] vs. Trust Insurance Companies Massachusetts Appellate Division, Northern District. March 8, 1999. [1] Pain Injury Rehab., P.C. Present: Coven, Greco Curtin, JJ. Insurance, “Personal injury protection” benefits; Chiropractic services Consumer Protection, G.L.c. 93A Practice, Civil, Motion to add plaintiff; Motion for partial summary judgment; Motion to alter or amend allowance of […]

Donald C. Siddell, M.S.W. vs. Malcolm Marshall Massachusetts Appellate Division, Western District. January 9, 1987. Present: Lenhoff, McGuane Dohoney, JJ. Commitment, Civil, G.L.c. 123 Practice, Civil, Requests for rulings; Findings. Report of court’s dismissal of respondent’s report. Action heard in the Northampton Division by Polito, J. Jeffrey M. MacKenzie for the petitioner. Jenna Schulman for […]

Irene Frontiero vs. Florence Brown Massachusetts Appellate Division, Northern District. May 3, 1996. Present: Sherman, P.J., Merrick Greco, JJ. Negligence, Motor vehicle accident Practice, Civil, Draft report; Inaction of appellant; Requests for rulings; Findings; Dist./Mun. Cts. R. Civ. P., Rules 52(a) and 64. Opinion dismissing plaintiff’s report. Action heard in the Newburyport Division by O’Leary, […]

Paul J. Ronan v. Donaroma’s Nursery and Landscape Services, Inc. Massachusetts Appellate Division, Southern District. January 29, 2007. Present: Williams, P.J., Barrett Merrick, JJ. Contract, For planting of tree; Implied warranty of merchantability; Implied warranty of fitness for a particular purpose; Express warranty; Guaranty. Opinion affirming judgment for defendant. Action heard in the Edgartown Division […]

Gerald L. Nissenbaum[1] vs. Margaret F. McGovern Massachusetts Appellate Division, Northern District. November 8, 1995. [1] Doing business as Nissenbaum Law Offices. Present: Sherman, P.J., Coven Greco, JJ. Attorneys, Fee award as sanction for unprofessional conduct Contract, Breach Damages, Quantum meruit Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C. Opinion reversing allowance of […]

Jacqueline Polizzotti v. Jose Gomes, and another.[1] Massachusetts Appellate Division, Northern District. February 24, 2006. [1] Anna Gomes. Present: Merrick, P.J., Greco Curtin, JJ. Tort, Personal injuries. Negligence, Negligent entrustment; Negligent supervision. Practice, Civil, Summary judgment. Opinion affirming summary judgment for defendants. Summary judgment motions heard in the Salem Division by Cornetta, J. Christopher W. […]

Nina V.R. Dolan vs. Kevin Hickey and another[1] Massachusetts Appellate Division, Municipal Court. April 13, 1981. [1] Nancy Hickey. Present: Umana, Pino Hamlin, JJ. Attorney, Acting as fiduciary Bills and Notes, Promissory note; Assignment Contract, For sale of real estate Damages, For fraud Equity Jurisdiction, “Clean hands” doctrine Practice, Civil, Draft report; Requests for rulings. […]

Federal National Mortgage Association v. Davor Saric. Massachusetts Appellate Division, Southern District. August 19, 2010. Present: Williams, P.J., Merrick Hand, JJ. Landlord and Tenant, Summary process after foreclosure. Opinion vacating judgment for plaintiff and returning case for new trial. Action heard in the Wrentham Division by Canavan, J. Thomas J. Santolucito for the plaintiff. James […]

Bruce Whitman vs. Jane Sacchetti, and others[1] Massachusetts Appellate Division, Southern District. June 12, 2001. [1] Judith and Arthur Stinchfield. Present: Wheatley, P.J., Sabra Winslow, JJ. Negligence, of party to auto accident; Duty of care to investigating police officer; Causation. Tort, Personal injuries; Slip and fall on ice in driveway. Practice, Civil, Dist./Mun. Cts. R. […]

Masoud Shahidi v. George Michael,[1] and others.[2] Massachusetts Appellate Division, Southern District. November 22, 2005. [1] Also known as DGM Construction. [2] Dedham MRI, P.C., Medical Resources Inc. and Advanced Diagnostic Imaging, Inc. Present: Welsh, Barrett Bernard, JJ. Landlord and Tenant, Future rent, Loss of. Practice, Civil, Dist./Mun. Cts. R.A.D.A., Rule 5; Motion for partial […]

Frances A. Fedorowicz vs. Shaw’s Supermarkets, Inc. Massachusetts Appellate Division, Southern District. August 6, 1998. Present: Aguiar, P.J., Welsh Crimmins,[*] JJ. [*] Although a member of the panel, Judge Crimmins recused himself and took no part in this opinion. Tort, Personal injury; Slip and fall in supermarket Negligence, Of supermarket Practice, Civil, Motion for involuntary […]

Scott J. McGlashing, and another[1] vs. Mary E. Fabas, Inc., and another[2] Massachusetts Appellate Division, Southern District. November 16, 1994. [1] Susan L. McGlashing. [2] Sharon (Synosch) Barr. Present: Martin, Welsh, JJ. Tort, Misrepresentation Consumer Protection, G.L.c. 93A; Demand letter Evidence, Of damages Practice, Civil, Motion for involuntary dismissal; Dist./Mun. Cts. R. Civ. P., Rule […]

Ralph W. Whiteman, Jr. and another[1] vs. Brian A. Donelson and another[2] Massachusetts Appellate Division, Western District. July 3, 1981. [1] Richard W. Whiteman, doing business as Whiteman Brothers. [2] Shirley A. Donelson. Present: Walsh, P.J., Greenberg Mullaney,[*] JJ. [*] Judge Paul V. Mullaney’s term on the Appellate Division had expired prior to the filing […]

George Barkas v. Premier Insurance Company. Massachusetts Appellate Division, Western District. November 13, 2009. Present: LoConto, P.J., Brennan Rutberg, JJ. Contract, Breach. Insurance, “Personal injury protection” benefits; Claim for lost wages; Late notice of claim. Opinion affirming judgment for defendant. Action heard in the Worcester Division by Gardner, J. Paul J. Franco and Daniel E. […]

American Casualty Company vs. Laura Beauchaine Massachusetts Appellate Division, Southern District. October 20, 1997. Present: Aguiar, P.J., Minehan Belford, JJ. Tort, Personal injuries; Auto accident Insurance, “Personal injury protection” benefits; “No fault” lien. Opinion dismissing defendant’s appeal. Case heard in the Attleboro Division by Robert J. Kane, J. Thomas J. Dinopoulos for the plaintiff. Stephen […]

Teresa Hodel-Malinofsky vs. Barry O’Connor Massachusetts Appellate Division, Western District. September 17, 1999. Present: Merrigan, Brennan Rutberg, JJ. Practice, Civil, Dist./Mun. Cts. R. A. D. A., Rule 8C; Motion to remove default; Interlocutory ruling. Opinion dismissing appeal. Motion to remove default heard in the Northampton Division by Nancy Dusek-Gomez, J. Leon W. Malinofsky, Jr., for […]

Commonwealth of Massachusetts v. Joseph King. Massachusetts Appellate Division, Southern District. February 23, 2005. Present: Williams, P.J., and Welsh J., sitting at Orleans, Massachusetts.[1] [1] Section 27D of G.L.c. 261 does not require a hearing upon appellate review. The Commonwealth, in any event, is not entitled to be heard on an indigent defendant’s G.L.c. 261, […]

Board of Trustees of the Sea Grass Village Condominium[1] v. James S. Bergquist, and others.[2] Massachusetts Appellate Division, Southern District. June 25, 2009. [1] Mary Colantino, Paul Butler, Scott Owens, Judy Herrmann, and Barbara Couch, in their capacities as the Trustees of the Sea Grass Condominium Trust. [2] Cape Cod Five Cent Savings Bank, Barnstable […]

Safety Insurance Company vs. Lawrence J. Bernabei Massachusetts Appellate Division, Northern District. February 22, 1990. Present: Sherman, P.J., Forte Furnari, JJ. Insurance, Subrogation Damages, Equitable right of subrogation and unjust enrichment Practice, Civil, Requests for rulings; Dist./Mun. Cts. R. Civ. P., Rule 64(b). Report of court’s dismissal of defendant’s report. Action heard in the Natick […]