Category: Massachusetts District Court Appellate Division Opinions

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 […]

Sheila Andrade vs. John Jablonski vs. William Tarantino and another[1] Massachusetts Appellate Division, Southern District. July 29, 1985. [1] Walter Balchunas. Present: Welsh, P.J., Black Silva, JJ. Negligence, Fall of ceiling Practice, Civil, Motion for summary judgment; Dist./Mun. Cts. R. Civ. P., Rule 56. Report of court’s dismissal of defendant/third-party plaintiff’s report. Action heard in […]

Michael F. Gillespie[1] vs. Daniel R. Steiger Massachusetts Appellate Division, Southern District. December 11, 1998. [1] As parent of Lori Gillespie Present: Aguiar, P.J., Wheatley Sabra, JJ. Tort, Personal injury; Dog bite Practice, Civil, Service of process, Timeliness of; Motion to limit running of interest. Opinion dismissing appeal. Case appealed from rulings made in the […]

Waters Brown, Inc. vs. Boston Better Business Machines Company, Inc. Massachusetts Appellate Division, Northern District. June 15, 1984. Present: Cowdrey, P.J., Forte Tiffany, JJ. Contract, For sale of cash register; Breach of warranties of merchantability and fitness for a particular purpose Consumer Protection, G.L.c. 93A; Unfair and deceptive practices Negligence, Bailee’s duty of care Practice, […]

Massachusetts Higher Education Assistance Corporation vs. Susan E. Daly Massachusetts Appellate Division, Southern District. March 18, 1996. Present: Martin, P.J., Hurley Rivard-Rapoza, JJ. Contract, Student loan; Money owed Practice, Civil, Motion to extend time to file appeal; Notice of appeal; Dist./Mun. Cts. R.A.D.A., Rule 4(c). Opinion dismissing plaintiff’s appeal. Motion to extend time to file […]

Professional Carpet System vs. Capitol Partners Management Company[1] Massachusetts Appellate Division, Northern District. March 25, 1994. [1] Doing business as Brennan Place Apartments. Present: Sherman, P.J., Forte Merrick, JJ. Contract, For services Evidence, Of corporate status Practice, Civil, Requests for rulings; Dist./Mun. Cts. R. Civ. P., Rules 9(a) and 11 (a). Report of court’s dismissal […]

ASheila I. Buzulis, and another[1] v. Mohegan Sun Casino,[2] and Others.[3] Massachusetts Appellate Division, Western District. September 25, 2006. [1] Michael J. Buzulis. [2] Also known as Mohegan Tribal Gaming Authority, also known as The Mohegan Tribe. [3] Mary Lou Hoopman, Risk Management and Jane Doe. Present: LoConto, P.J., Gardner Cote, JJ. Negligence, Of casino […]

A. John DeMarco, and another[1] vs. Granite Savings Bank Massachusetts Appellate Division, Northern District. June 11, 1993. [1] Roberta M. DeMarco. Present: Sherman, P.J., Forte Furnari, JJ. Contract, Pest inspection; Breach Tort, Negligent misrepresentation Consumer Protection, G.L.c. 93A; Unfair and deceptive acts or practices Practice, Civil, Requests for rulings; Motion to amend judgment; Dist./Mun. Cts. […]

Waterwheel Realty, Inc. vs. Anthony A. Mangiacotti[1] Massachusetts Appellate Division, Western District. December 31, 2001. [1] Carolyn J. Mangiacotti did not join in this appeal. Present Brennan, Merrigan Rutberg, JJ. Practice, Civil, Dist/Mun. Cts. R. A. D. A., Rule 8B; Appeal, Failure to preserve issues for. Opinion affirming trial court judgment Action heard in the […]

Simon Cohn another[1] vs. Francis Conway another[2] Massachusetts Appellate Division, Western District. November 14, 1980. [1] Gerald Levitch, doing business with the first named plaintiff as Cohn and Levitch. [2] Sharon Conway. Present: Walsh, P.J., Larkin Cimini,[*] JJ. [*] Honorable Frank W. Cimini sat on the panel and heard oral arguments in this case but […]

Jeffrey D. Vanskyhawk vs. Arbella Mutual Insurance Company Massachusetts Appellate Division, Western District. June 23, 2000. Present: Brennan, Merrigan Rutberg, JJ. Insurance, “Personal injury protection” benefits; Loss in earnings. Damages, Attorney’s fees. Opinion vacating judgment for the plaintiff and ordering entry of judgment for the defendant without costs. Case heard in the Westborough District Court […]

Loreto Calimlim and another[1] vs. Foreign Car Center, Inc. Massachusetts Appellate Division, Northern District. March 28, 1983. [1] Norma Calimlim. Present: Cowdrey, P.J., Forte Tiffany, JJ. Contract, For sale of motor vehicle; Breach of warranty Consumer Protection Act, G.L.c. 93A; Unfair trade practice Practice, Civil, Requests for rulings and findings; Motion for new trial; Dist./Mun. […]

The McLean Hospital Corporation vs. Stanley Rumage and another[1] Massachusetts Appellate Division, Northern District. June 28, 1985. [1] Benjamin Rumage. Present: Doyle, P.J., Banks Jodrey, JJ. Contract, For hospital care and services; Liability of parent for debts of adult offspring Evidence, Business record Practice, Civil, Findings; Requests for rulings; Dist./Mun. Cts. R. Civ. P., Rules […]

Leland Realty Corporation vs. Sumner Realty Corporation. Massachusetts Appellate Division, Southern District. June 13, 1994. Present: Dolan, P.J., Hurley Aguiar, JJ. Contract, Oral; For construction and sale of houses; Profits Damages, Calculation of Practice, Civil, Findings; Requests for rulings; Motion to amend judgment; Motion for new trial; Dist./Mun. Cts. R. Civ. P., Rule 59. Report […]

ARROW FINANCIAL SERVICES, LLC.[1] vs. ROBERT MANNETTA Massachusetts Appellate Division, Municipal Court. March 5, 2002. [1] Assignee of Bank One. Present Johnson, Bernstein Flaherty, JJ. Damages, Alleged credit debt. Opinion dismissing plaintiff’s appeal. Damage assessment proceeding held before Summerville, J. Gary H. Kreppel for the plaintiff. Robert Mannetta, pro se (filed no brief). Bernstein, J. […]

Robert Depattie vs. Victor M. Taylor[1] Massachusetts Appellate Division, Western District. February 7, 2001 [1] Doing business as Taylor Made Construction. Present: LoConto, P.J., Ripps Rutberg, JJ. Consumer Protection, G.L.c. 93A. Contract, Breach. Negligence, In home construction. Evidence, Sufficiency of. Damages, Assessment of Practice, Civil, Dist/Mun. Cts. R. A. D. A., Rule 8C; Requests for […]

Edwin H. HOWARD v. IKO Manufacturing, Inc. Massachusetts Appellate Division, Northern District. July 20, 2011. Present: Gardner, Hadley MacLeod, JJ. Products Liability, Roof shingles; Warranty. Consumer Protection, G.Lx. 93A. Practice, Civil, Statute of limitations; Breach of warranty. Opinion affirming award of summary judgment for defendant on count 4 of plaintiff’s complaint, vacating summary judgment for […]

Ronald Alexander vs. Robert S. Jordan Massachusetts Appellate Division, Southern District. July 16, 1991. Present: Dolan, P.J., Kane Martin, JJ. Contract, For building construction; Breach; Failure to complete work Consumer Protection, G.L.c. 93A Practice, Civil, Findings; Dist./Mun. Cts. R. Civ. P., Rule 52. Report of court’s dismissal of plaintiff’s report. Action heard in the Orleans […]