Results + Publications

Appeals Court Decision

Tanya T. Austin, Peter L. Bosse

In a recent decision, the Massachusetts Appeals Court held in Big Wheel Truck Sales, Inc. v. Safety Insurance Company that the mere presence of a disabled vehicle on a roadway or other property does not constitute “property damage” sufficient to trigger coverage under an automobile liability policy for the costs of removing the vehicle. The decision in […]

Appellate Decision

Tanya T. Austin, Peter L. Bosse

Boyle | Shaughnessy Law attorneys successfully appealed a Fall River District Court ruling regarding the availability of coverage under the Massachusetts Personal Auto Policy in Big Wheel Truck Sales, Inc. v. David Raposa, 2015 WL 5098500 (2015), a decision which could have far-reaching consequences in auto accident cases. The Appellate Division (Southern Division) held as a matter of first […]

Appeals Court Decisions on Insurer’s Duty in Claims Handling per G. L. c. 93A & 176D

David M. Bae, Thomas J. Fay

Client with Traumatic Brain Injury

David M. Bae

Subrogation Waiver in Condominium Document – Massachusetts Lawyers Weekly Article

David M. Bae

Subrogation Waiver in Condominiums – Judgment Ruling

David M. Bae

Traumatic Brain Injury Case

David M. Bae, Michael P. Johnson

Attorneys Mike Johnson and David Bae received a defense verdict after a nine-day trial in a traumatic brain injury case. Plaintiff alleged that she was struck in the head by a stone tile that fell from a merchandise display in the defendant’s stone and tile store. Plaintiff alleged that the stone tile display was negligently […]

Construction Accident

Patrick M. Audley, Michael P. Johnson

Michael Johnson and Patrick Audley recently obtained a defense verdict after a 7 day jury trial in Norfolk Superior Court (Dedham, MA).  The case involved negligence claims arising out of a significant construction accident which occurred when the plaintiff stepped into an excavation on a construction site which was allegedly created by the defendant subcontractor.  The plaintiff alleged that […]

Rule 12 (C) Motion

Mark A. Aronsson

Boyle | Shaughnessy Law shareholder Mark Aronsson, recently obtained judgment on the pleadings in favor of his client, a security firm, in a multi-million dollar action filed in Massachusetts Superior Court, asserting negligent infliction of emotional distress, nuisance, trespass, and 93A violations. The plaintiff alleged in her complaint that she had purchased a condominium unit at […]

Summary Judgment – Construction Defect

Peter L. Bosse, Brian P. Doherty

Boyle | Shaughnessy Law attorneys Peter L. Bosse and Brian P. Doherty successfully obtained Summary Judgment on behalf of a concrete contractor alleged to have negligently constructed an outpatient medical facility which would cost over $20,000,000.00 to remedy. The client, a sub-contractor had completed concrete work on the building including installation of concrete slab floors […]

Uninsured Motorist

Peter L. Bosse, Jeffrey E. Dolan

Attorneys Peter L. Bosse and Jeffrey E. Dolan recently obtained a defense verdict in an arbitration of an uninsured motorist claim involving an alleged hit-and-run incident outside Foxwoods Resort and Casino in Connecticut. Attorneys Bosse and Dolan successfully argued that the claimant was not entitled to any recovery due to a lack of evidence that the incident involved an […]

Construction Site Accident – Ladder Fall

Peter L. Bosse

Shareholder Peter L. Bosse recently obtained a defense verdict in a negligence case in the Middlesex Superior Court in Woburn. The matter arose out of a construction site accident where the employee of the contractor retained by the defendant, fell from a ladder at the job site while tearing siding off a house 20 feet […]

Appellate Decisions – John D. Boyle

John D. Boyle

John D. Boyle has an extensive list of appellate decisions. American Commercial Finance Co. v. Seneca Insurance Co. Mass App. Ct. (2006) (Commercial Fire Policy Coverage). Kerins v. MacDonald, 62 Mass. App. Ct. 1115 (2005) (Homeowners Liability). Clarendon Nat’l Ins. Co. v. Arbella Mutual Ins. Co., 60 Mass App. Ct 462 (2004)(Insurance- Conflict of Laws). […]

Private Security Firm

Scott M. Carroll

Boyle | Shaughnessy Law Shareholder Scott Carroll recently obtained a defendants’ verdict following a week long jury trial in the United States District Court for the Eastern District of Massachusetts. Attorney Carroll represented a private security guard and his employer, a large regional private security firm. The plaintiff’s Complaint alleged liability under state law in […]

Transportation – Catastrophic Bus Accident

Scott M. Carroll

GILLETTE STADIUM BUS CRASH Boyle | Shaughnessy Law received a defense verdict in a castrophic bus crash at Gillette Stadium. The case was tried before Judge Brassard in Suffolk County. The trial, including jury deliberations, lasted approximately three weeks. The first week of the plaintiff’s case was targeted at the conduct of the bus driver […]

Contribution Claim

Scott M. Carroll

Scott Carroll successfully represented a delivery truck driver and his employer against a 2 Million Dollar contribution claim asserted by Third-Party Plaintiffs, who had resolved all claims brought by the original plaintiff for 4 Million Dollars. Our client operator was involved in a head-on collision with the plaintiff in the underlying case. The original underlying […]

Traumatic Brain Injury – Hotel Stabbing

Scott M. Carroll

Scott M. Carroll recently achieved a defendant’s verdict following a jury trial at Plymouth Superior Court. This traumatic brain injury case arose out of a stabbing that occurred in the lobby of a hotel. The stabbing was perpetrated by a long term guest at the hotel. The plaintiff and his brother, both of whom were […]

Product Liability – Ice Melt

Scott M. Carroll

Boyle | Shaughnessy Law shareholder Scott M. Carroll obtained a defense verdict after a two week jury trial in Providence County Superior Court in Providence, RI. In this strict product liability action, the plaintiff alleged that while descending a stairwell she slipped and fell on an oily residue. The plaintiff asserted that the oily and slippery condition […]

YMCA Playground Accident

Scott M. Carroll

Scott Carroll recently achieved a defendant’s verdict following a jury trial at the Suffolk Superior Court. The case was brought on behalf of a minor plaintiff who suffered a significant facial laceration as a result of a playground accident. The minor plaintiff claimed that the laceration above his right eye, which necessitated lengthy plastic surgery, […]

Premises Liability

Michael D. DeMeola, Timothy R. Scannell

Boyle | Shaughnessy Law attorneys Michael D. DeMeola and Timothy R. Scannell recently obtained a defense verdict after a 5-day trial in a premises liability case in the Hartford Superior Court.  The plaintiff alleged that she fell while descending an outdoor stairway in the backyard of her sister’s home. More specifically, the plaintiff alleged that […]

Sample Verdicts and Arbitration Decisions

Thomas J. Fay

BUS AND TRUCKING TRUCKING Boyle | Shaughnessy Law attorneys, Thomas Fay and Ashley Berger received a defense verdict in a trucking case where the admitted Reptile plaintiff’s counsel asked for $1.1M from the jury during his closing argument.  The plaintiff claimed he suffered from post-traumatic stress disorder and a lower back injury.  The case was […]

Appellate Decisions – Thomas J. Fay

Thomas J. Fay

Marino v. Mystic Realty Trust, et al, No. 11-P-581 (Mass. App. Sept. 14, 2012) ($933K judgment overturned) Buddy’s Inc. v. Town of Saugus, 62 Mass. App. Ct. 256 (2004) (environmental cleanup and attorney’s fees) Murphy v. National Union Fire Ins. Co., 438 Mass. 529 (2003) (93A bad faith damages) One Beacon Insurance, LLC v. M&M […]

Appellate Decision – Commercial Landlord

Mark A. Aronsson, Thomas J. Fay, Timothy R. Scannell

In this action, the Plaintiff, Charles Marino, rented commercial property from the defendants, the Mystic Realty Trust and Elaine Marino, pursuant to a written lease agreement. In 2004, the Plaintiff suffered a serious injury as a result of an alleged defect on the leased property and thus brought a premises liability action against Defendants. Thomas […]

Appellate Decision

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. THE SUPREME COURT OF NEW HAMPSHIRE Rockingham No. 2009-533 ONE BEACON INSURANCE, LLC v. M&M PIZZA, INC. Argued: May 4, 2010 Opinion Issued: August 19, 2010 Orr & Reno, P.A., of Concord […]

Pedestrian – Defense Verdict

Michael P. Johnson, Quinn E. Kelley

Attorneys Quinn Kelley and Mike Johnson received a defense verdict in Grafton Superior Court after an 8 day trial.  The case involved a pedestrian that was struck by a vehicle owned by an auto dealership when the vehicle was backing from a parking space.  Plaintiff alleged that as a result of the accident she was knocked to the ground […]

Summary Judgment – Negligent Entrustment

Michael P. Johnson, Quinn E. Kelley

New Hampshire Supreme court upholds summary judgment in favor of tow truck company for wrongful death, amputation and head injury claims. Mike Johnson and Quinn E. Kelley of Boyle | Shaughnessy Law recently obtained a New Hampshire Supreme Court order upholding the Superior Court’s order granting motion for summary judgment in favor of its towing company client, involving […]

Automobile Liability

Michael P. Johnson, Quinn E. Kelley

Michael Johnson and Quinn Kelley of recently obtained a defense verdict after a 7-day jury trial in Hillsborough County Superior Court – Northern District (Manchester, NH). The case involved negligence claims as a result of a significant auto accident that occurred between the plaintiff and defendant ambulance company. Attorneys Johnson and Kelley were able to rebut the […]

Business Interruption Claim

Attorney Mike Johnson from Boyle | Shaughnessy Law obtained a defense verdict in a Cumberland County, Maine case. The case involved business interruption claims as a result of alleged defective work on a production boiler by the defendant. Attorney Johnson was able to rebut the plaintiff’s claims that the defendant was negligent and made negligent […]

Defamation and Malicious Prosecution

Michael P. Johnson

Attorney Mike Johnson obtained a defense verdict in a Suffolk Superior Court case. The case entitled Burwell v. King involved claims for malicious prosecution, defamation and false imprisonment by plaintiff against a franchise owner of a fast food restaurant. The lawsuit stemmed out of an incident that occurred at a fast food restaurant. The plaintiff […]

Large Property Loss

Nicholas B. Kosiavelon

Shareholder Nicholas B. Kosiavelon and Associate Megan E. Fitzgerald recently won a defense verdict in a large property loss case. The Plaintiff Insurer brought negligence and breach of contract claims against Defendant Propane Fuel Company in Massachusetts Federal District Court alleging the Defendant failed to deliver an adequate amount of propane to the Plaintiff’s insured’s ocean-side home, which allegedly […]

Construction Accident / Brain Injury

Nicholas B. Kosiavelon

Boyle | Shaughnessy Law Shareholder Nick Kosiavelon recently obtained a defendant’s verdict following a two week jury trial in the Massachusetts Superior Court of Norfolk County.  Attorney Kosiavelon represented a national construction company from Texas hired by a national retailer to construct a retail store in downtown Boston.  The Plaintiff’s Complaint alleged that the Plaintiff suffered a […]

Professional Malpractice and Fraud Case

Nicholas B. Kosiavelon, Mark W. Shaughnessy

Nicholas B. Kosiavelon and Mark W. Shaughnessy recently won a defense verdict in a professional malpractice and fraud case tried in the United States Bankruptcy Court, District of New Hampshire. The case arose from a Concord, New Hampshire software company that attempted to secure a $2 million loan from a private investor. In order to […]

SJC Decision Finalizes Dismissal of Brain Injury Case

Nicholas B. Kosiavelon

THE MASSACHUSETTS SUPREME JUDICIAL COURT REFUSES TO OVERTURN A MOTION TO DISMISS FILED BY BOYLE | SHAUGHNESSY LAW IN AN ALLEGED BRAIN INJURY CASE Today the Massachusetts Supreme Judicial Court (“SJC”) refused to review the Massachusetts Appellate Court’s (“Appeals Court”) decision upholding the trial court’s granting of a motion to dismiss filed by Boyle | […]

Legal Malpractice / Wrongful Death

Kevin R. Kratzer, Timothy R. Scannell

Attorneys Kevin Kratzer and Timothy Scannell recently obtained judgment as a matter of law in favor of their client in a legal malpractice/wrongful death action filed in New London Superior Court in Connecticut.  This lawsuit arose from a fire that occurred in a leased residential premises in Prospect, Connecticut, which tragically claimed the lives of two children. At the […]

Premises Liability

Kevin R. Kratzer, Timothy R. Scannell

Attorneys Kevin Kratzer and Timothy Scannell recently obtained judgment as a matter of law in favor of their client in an action filed in Danbury Superior Court in Connecticut.  Our client, the owner and landlord of the subject commercial property, also owned the company, which leased the subject property from our client for the purposes of operating a commercial enterprise. […]

Defamation

Kevin R. Kratzer, Timothy R. Scannell

Boyle | Shaughnessy Law attorneys Kevin Kratzer and Timothy Scannell recently obtained judgment as a matter of law in favor of their client, a defendant in a defamation action filed in the Milford Superior Court in Connecticut. The lawsuit arose as a result of several letters authored by the defendant, a local deputy fire marshal, regarding […]

Premises Liability

Kevin R. Kratzer, Timothy R. Scannell

Boyle | Shaughnessy Law shareholders Timothy Scannell and Kevin Kratzer recently obtained judgment as a matter of law in favor of their client, a company engaged in servicing diesel generators, in an action filed in the Stamford Superior Court in Stamford, Connecticut. The plaintiff in the case alleged that our client was negligent in failing […]

Declaratory Judgment

Ashley A. Noel, Timothy R. Scannell

Timothy Scannell and Ashley Noel obtained a defense verdict following a bench trial in a declaratory judgment action in the Judicial District of Ansonia/Milford of the Connecticut Superior Court.  Attorneys Scannell and Noel also successfully prosecuted their counterclaim for declaratory judgment. The plaintiffs sought a declaratory judgment that their insurer had a duty to defend […]

Insurance Coverage – Business Dispute

Jeffrey E. Dolan, Ashley A. Noel, Timothy R. Scannell

Attorneys Timothy R. Scannell, Jeffrey E. Dolan, and Ashley A. Noel successfully handled an insurance coverage dispute, resulting in summary judgment in favor of a commercial general liability insurer after a declaratory judgment action was filed in Hartford Superior Court.  Attorneys Scannell and Noel successfully argued that an exclusion in the CGL policy excluded coverage for the allegations in […]

Insurance Coverage – General Contractor

Kevin R. Kratzer, Ashley A. Noel

The United States Court of Appeals for the Second Circuit recently upheld the granting of summary judgment in favor of a general contractor represented by Attorneys Kevin R. Kratzer and Ashley A. Noel in a declaratory judgment action.  Boyle | Shaughnessy Law represented the general contractor at both the trial and appellate court levels. This insurance coverage dispute arose […]

Employment – Defense Verdict

Michael C. Palermo, Dawn M. Piccirilli, Aaron R. White

Aaron R. White and Dawn M. Piccirilli of Boyle | Shaughnessy Law were appointed as Special Assistant Attorney Generals to represent the Suffolk County District Attorney’s Office in this case involving claims of gender discrimination, retaliation, and violations of the Federal and Massachusetts Equal Pay Acts.  Michael C. Palermo assisted to prepare the case for […]

Product Liability – Hydraulic Steering System

Dawn M. Piccirilli, John M. Tilley

This case involved the hydraulic steering system in a Pepsi-Cola tractor-trailer. Boyle | Shaughnessy Law shareholder, Dawn Piccirilli, assisted by Boyle | Shaughnessy Law shareholder, John Tilley, represented the manufacturer of the steering system, R.H. Sheppard of Hanover, Pennsylvania. The owner of the Pepsi-Cola tractor-trailer, New Bern Transport Corp., alleged that the steering system was defective […]

Nuisance – Premises Liability

Dawn M. Piccirilli

Boyle | Shaughnessy Law shareholder Dawn Piccirilli obtained a defense verdict in Essex County Superior Court, Massachusetts. The plaintiff’s case was a unique claim for an alleged nuisance caused by Tedeschi Food Shops, Inc. The plaintiff, who owns property and resides directly behind a Tedeschi’s, alleged that noise from Tedeschi’s rooftop mechanical equipment, and light […]

Product Liability – Flammable Liquid

Dawn M. Piccirilli

This case involved a highly flammable liquid paint stripper. Boyle | Shaughnessy Law Shareholder, Dawn Piccirilli, represented the chemical manufacturer of the liquid stripper, W.M. Barr of Memphis, Tennessee. Rocky’s Ace Hardware. The plaintiffs alleged that the liquid stripper was the cause of a basement fire in their residence that resulted in catastrophic burn injuries […]

Appeals Court Affirms Summary Judgment (Funeral Home)

Dawn M. Piccirilli

The Appeals Court for the Commonwealth of Massachusetts affirmed summary judgment in favor of a defendant funeral home represented by Boyle | Shaughnessy Law shareholder Dawn Piccirilli.  Attorney Piccirilli argued for summary judgment on behalf of the defendant funeral home in the superior court actions and argued the appeal against the twenty-seven (27) plaintiffs who […]

Slip and Fall – Charitable Limitations

Dawn M. Piccirilli

Boyle | Shaughnessy Law shareholder Dawn Piccirilli obtained a defense verdict in Essex County, Massachusetts. The case involved an alleged slip and fall at the YMCA in which the minor plaintiff, an 11 month-old girl sustained a femur fracture and required a spica body cast for a period of approximately 1 month.  It was alleged […]

Motor Vehicle – Multiple Injuries – Defense Verdict

Nicole R. G. Paquin

Nicole Paquin recently obtained a defense verdict after a week-long trial in a motor vehicle case in Carroll County Superior Court. The plaintiff alleged that the defendant negligently operated her vehicle on Route 16 in Wakefield, New Hampshire, causing the plaintiff to sustain personal injuries and property damage. More specifically, the plaintiff alleged that the defendant […]

Wrongful Death

Timothy R. Scannell

Boyle | Shaughnessy Law shareholder Timothy R. Scannell obtained a defense verdict after a 14-day trial in a wrongful death case in the Worcester Superior Court. Plaintiffs alleged that the decedent was assaulted by intoxicated and rowdy patrons of a 24-hour restaurant moments after the restaurant’s security guard had finished his shift for the evening. Attorney Scannell […]

Transportation – Trucking

Mark W. Shaughnessy

An employee of a landscaping company who rear-ended the plaintiff on an on-ramp to a Massachusetts highway was successfully defended. The lawsuit arose out of an action filed in Middlesex Superior Court where the plaintiff was operating a motor vehicle in front of a vehicle operated by an employee of the defendant’s landscaping company.  During […]

Transportation – Amputation

Mark W. Shaughnessy

A national trucking company as a result of a motor vehicle accident occurring on Route 93 north of Boston was successfully defended. The client, a truck driver for a national transportation company, was operating a tractor trailer on Route 93 northbound in the middle lane when a car suddenly cut in front of him from the left […]

Property Damage – Construction Site

Mark W. Shaughnessy

A real estate developer in a claim involving property damage to the photography studio of two professional photographers was successfully defended. The defendant, a real estate developer and contractor, was performing construction work on the third floor of a building in the Leather District of Boston when a worker performing demolition work broke an overhead-sprinkler […]

Transportation – Mild Traumatic Brain Injury

Mark W. Shaughnessy

A defendant motor vehicle operator as he was merging into one of the busiest rotaries in the Boston area was successfully defended. The plaintiff, while operating his motor vehicle, testified that he was in a rotary when the defendant driver entered the rotary without yielding causing the accident.  The primary disputed issue was the credibility of […]

Professional Malpractice – Legal

Michael P. Johnson, Mark W. Shaughnessy, Aaron R. White

An attorney in a legal malpractice lawsuit filed in the business litigation section of the Suffolk Superior Court was successfully defended. In the lawsuit, the plaintiff, a real estate investor, sued the client alleging that the attorney committed professional malpractice by failing to conduct due diligence in a series of real estate transactions causing the […]

Product Liability

Mark W. Shaughnessy

A national retailer in a claim alleging that automatic doors on the premises were defective was successfully defended. In the lawsuit, the plaintiff claimed that as he was exiting the store the automatic doors prematurely closed causing the plaintiff to fall sustaining extensive orthopedic injuries.  During the lawsuit, counsel for the plaintiff argued that the defendant […]

Transportation – Tractor-trailer Rear End Accident

Mark W. Shaughnessy

The plaintiff, while operating her motor vehicle, alleged that she was rear-ended by the defendant tractor-trailer driver. According to the plaintiff, she was taking a right-hand turn when the defendant driver struck the left rear of her vehicle. The plaintiff claimed that the defendant was negligent in following too closely and exceeding the speed limit. […]

93A Consumer Protection Statute – Closed Raceway Accident

Mark W. Shaughnessy

The plaintiff, an insurance agent, sued my client, the plaintiff’s insurer, when his high performance motor vehicle was damaged while he was driving on the New Hampshire International Speedway. Plaintiff’s vehicle was a high-performance street-legal car that the plaintiff has spent hundreds of thousands of dollars on modifications to the vehicle. As a result of […]

Bad Faith Litigation – Corporate Shareholder Dispute

Mark W. Shaughnessy, Aaron R. White

Mark Shaughnessy  and Aaron R. White successfully defended a coverage dispute arising out of a corporate director and shareholder proxy lawsuit in Maine. The lawsuit arose out of an action filed in the United States District Court in Maine where two corporate directors of a start-up company alleged that they were wrongfully terminated by the […]

Child Care Liability

Mark W. Shaughnessy

On April 28, 2009 a jury in Fall River Superior Court returned a defense verdict in favor of Defendants Luke Courtmanche, Christine Jasinski, Carolyn Burrell and Vincent Marturano, four employees of the Old Colony YMCA in Taunton (“YMCA”). Boyle | Shaughnessy Law represented Mr. Courtmanche, the YMCA program director, and Ms. Jasinski, the YMCA group […]

Construction Site – Electrical Shock

Mark W. Shaughnessy

In this construction site accident case, a defense verdict was obtained after a three-week jury trial in Suffolk Superior Court. We represented the general contractor at a construction site where the plaintiff came into contact with a defective electrical outlet, suffering an electrical shock. The plaintiff alleged that the general contractor failed to protect against […]

Motor Vehicle – At Fault Driver

Mark W. Shaughnessy

The plaintiff, an off-duty police officer, was operating his pickup truck on a roadway when he claimed that my client ran a stop sign causing him to strike the side of her vehicle resulting in a serious collision. My client, a resident of California and operating a rental vehicle while on a business trip in […]

Negligent Security

Mark W. Shaughnessy

The plaintiff, a 14-year-old female, was badly beaten with chains and bats as she was walking home from school across the parking lot of a 7-11 store. I represented the defendant store owner. The plaintiff argued that the defendant failed to have adequate security measures in place including signs, surveillance cameras, and frequent monitoring of […]

Pharmacy Liability – Ambien

Mark W. Shaughnessy

A defense verdict was obtained in a pharmacy liability lawsuit in Hillsborough Superior Court, Manchester, New Hampshire. In the lawsuit, the plaintiff brought suit against the defendant pharmacist alleging that the pharmacist had improperly dispensed Ambien, a prescription sleep medication. The plaintiff alleged that the pharmacist improperly labeled the prescription bottle with an instruction to […]

Premises Liability – Supermarket

Mark W. Shaughnessy

In this premises liability case, the plaintiff brought a lawsuit against my client, a grocery store, alleging that she was struck by a dolly being pushed by a store employee. The plaintiff alleged that the employee was pushing the dolly in a crowded store and, as the employee was coming around a corner, pushed the […]

Product Liability

Mark W. Shaughnessy

The plaintiff, a former professional football player for the New England Patriots, alleged that he fell from an incline bench while exercising sustaining a serious hip injury. The plaintiff brought suit against the manufacturer of the incline bench and my client, the retailer and installer of the bench. The plaintiff alleged strict liability theories of […]

Property Damage

Mark W. Shaughnessy

The plaintiffs, two professional photographers, alleged that they sustained property damage to their photographic work. Specifically, the plaintiffs alleged that construction work performed by my client, a general contractor, resulted in the breaking of a fire sprinkler system in the building, causing extensive damage to the plaintiffs’ professional portfolios. The plaintiffs alleged that the construction […]

Strict Liability

Mark W. Shaughnessy

This was a strict liability claim brought by the plaintiff against the defendant seeking damages as a result of an injury involving a dog. The plaintiff claimed that the dog owned by the defendant caused the plaintiff to fall, resulting in five hip surgeries. I represented the defendant dog owner. The plaintiff sought damages under […]

Transportation – Tractor-Trailer Hazard

Mark W. Shaughnessy

The plaintiff, a passenger in a moving truck, sued my client, the defendant tractor-trailer driver, alleging that the tractor trailer driver was negligent in leaving his vehicle at the side of the highway causing a hazard to traffic. Prior to the motor vehicle accident involving the plaintiff, the defendant tractor-trailer driver jackknifed and slid off […]

Premises Liability

Mark W. Shaughnessy

The plaintiff, a delivery person, alleged that the defendant’s parking lot was defective. The plaintiff, while making a liquor delivery, alleged that he was crossing the parking lot owned by the defendant and the two-wheeler he was using to transport the liquor tipped over when it came into contact with an uneven surface in the […]

John T. Callahan & Sons, Inc. v. Worcester Insurance Company

Aaron R. White

Attorney White represented a general contractor and its general liability insurer in a declaratory judgment action against a subcontractor’s general liability insurer, seeking declaratory relief concerning the subcontractor’s insurer’s duty to defend and indemnify the general contractor in underlying negligence suit brought by a worker severely injured in a construction site accident. Attorney White successfully […]

Global Decision

Aaron R. White

Insureds brought action against their general liability insurers claiming damages related to legal fees and costs stemming from insurers’ failure to defend them in prior litigation. The Superior Court Department, Middlesex County, granted insureds motion for partial summary judgment as to liability.  The Superior Court Department denied motion for protective order against discovery […]

Trip and Fall

Scott M. Carroll, John M. Tilley

Shareholders Scott Carroll and John Tilley recently obtained summary judgment in Plymouth Superior Court from a claim involving significant damages caused by an alleged trip and fall at a Boston business park. The landlord of the premises sought for our client, a tenant of the business park, to defend and indemnify it from the plaintiff’s […]

Product Liability – Brush Cutter

Nicholas B. Kosiavelon

Shareholder Nicholas B. Kosiavelon won a defense verdict in a product liability case alleging serious personal injury. The Plaintiff brought a contribution action against a product seller based upon negligence/product liability theories.  The Plaintiff alleged that a brush cutter sold and serviced by the Defendant came apart in use and a large saw blade nearly […]

Premises Liability – Slip and Fall

Laura D. Devine, Thomas J. Fay

Attorneys Laura Devine and Thomas J. Fay received a defense verdict in Essex County Superior Court (Massachusetts) after a multi-day jury trial. The case involved a store patron who slipped and fell inside a store on water. The Plaintiff alleged that the water was there because of an unknown customer’s prior purchase of self-serve bagged ice. […]

Summary Judgment – Construction / Blasting

Laura D. Devine

Attorney Laura Devine prevailed on a motion for summary judgment on behalf of a blasting contractor on the basis of the Plaintiffs failing to file their lawsuit before the end of the statute of limitations. The Plaintiffs alleged significant property damage to their home as the result of blasting at a nearby residential construction site […]

Premises Liability – Procedural

Laura D. Devine

Attorney Laura Devine prevailed on a motion to dismiss on behalf of a landlord against an individual who allegedly fell on the premises and sustained injuries pursuant to Mass. R. Civ. P. 4(j). The action was filed on the eve of the statute of limitations and service was never perfected onto the defendant. After the […]

Contract Dispute

Laura D. Devine

Attorney Laura Devine prevailed at a bench trial in Windsor County (Vermont). At issue before the court was whether Plaintiff was entitled to monetary damages from a used car dealership following the contractual purchase of the used vehicle and alleged resultant undisclosed defects. The court ruled in favor of the defense and noted that the […]

Premises Liability – NH Restroom Access Law

Laura D. Devine

Attorney Laura Devine prevailed on a motion to dismiss based upon plaintiff’s complaint in a premises liability action. Plaintiff alleged that he was deprived access to a restroom in an emergency situation when he was caused to urinate himself. Attorney Devine argued that the Complaint failed to state a claim pursuant to Super. Ct. R. […]

Summary Judgment – No Evidence of Negligence

Laura D. Devine

Attorney Laura Devine prevailed on a motion for summary judgment on behalf of a rest area gas station within Middlesex County (Massachusetts) after preliminary discovery, including the plaintiff’s deposition. The case involved a store patron who alleged he was struck from above by an accumulation of ice while at the gas pumps of a highway rest area. […]

Boyle | Shaughnessy Law at The Giving Factory – Cradles to Crayons

Boyle | Shaughnessy Law recently supported Cradles to Crayons at The Giving Factory during this giving season. BSL attorneys and staff, in the spirit and tradition of the firm’s commitment to our community, packaged over 150 Kid Packs to be distributed to local kids in need. Founded in 2002, Cradles to Crayons provides children from birth through […]

Motor Vehicle – Parking Lot

Thomas H. Houlihan, Jr.

Boyle | Shaughnessy Law attorney  Thomas H. Houlihan, Jr. recently obtained a defense verdict in a motor vehicle accident case in the Waterbury Superior Court.  The plaintiffs alleged that they were injured when the defendant backed into their vehicle while exiting a parking lot. In particular, the plaintiffs both claimed multiple spinal injuries that resulted […]

Motor Vehicle – Product Liability

Thomas H. Houlihan, Jr., Kevin R. Kratzer

Boyle | Shaughnessy Law attorneys Kevin Kratzer and Tom Houlihan obtained a judgment as a matter of law in favor of their client, Stamford Ford Lincoln, LLC, in an action filed in the Stamford Superior Court in Stamford, Connecticut. The plaintiff in the case filed an action against our client sounding in violations of the […]

Breach of Contract – Negligence

Michael P. Johnson, Joseph P. Mendes

Attorney Michael Johnson and Attorney Joseph Mendes of Boyle | Shaughnessy Law recently obtained a defense verdict after a 5-day jury trial in York County Superior Court (Alfred, Maine). The case involved breach of contract and negligence claims as a result of a significant freeze-up and water damage to two high end condominiums in Kittery, […]

Premises Liability – Wholesale Retailer

Michael D. DeMeola, Ashley A. Noel

Michael DeMeola and Ashley Noel obtained judgment as a matter of law in favor of a wholesale retailer in a premises liability action in the Judicial District of New Haven of the Connecticut Superior Court.  The plaintiff alleged that she slipped and fell on leaves accumulated on the exterior sidewalk of the property at which […]

Premises Liability – Hotel Pool Area

Thomas H. Houlihan, Jr., Timothy R. Scannell

Boyle | Shaughnessy Law attorneys Timothy R. Scannell and Thomas H. Houlihan, Jr. recently obtained a defense verdict in a premises liability case in the New London Superior Court.  The plaintiff alleged that she fell as a result of an unsecured filter cover located in the pool area of the defendant’s hotel. In particular, the plaintiff alleged […]

Legal Malpractice – Defense Verdict

Matthew H. Greene, Michael P. Johnson

Matthew Greene, a Shareholder of the firm, along with Shareholder Michael P. Johnson, successfully defended an attorney in a legal malpractice lawsuit filed in the Worcester Superior Court. In the lawsuit, the plaintiff, a party to a divorce action, sued Matthew’s client alleging that the attorney committed legal malpractice by failing to make clear that […]

Legal Malpractice – Summary Judgment

Matthew H. Greene

Matthew Greene, a Shareholder of the firm, successfully obtained summary judgment on behalf of the Volunteer Lawyer’s Project, a non-profit organization that provides pro bono civil legal services, alleged to have committed legal malpractice in representation of the plaintiff. The plaintiff sought assistance in an eviction proceeding by the Boston Housing Authority.  The plaintiff was […]

Summary Judgment – Claims Handling

Matthew H. Greene

Matthew H. Greene, a shareholder of the firm, recently obtained summary judgment on behalf of his client, Plymouth Rock Assurance Corporation, in a lawsuit filed in Norfolk Superior Court.  The plaintiff, a consortium plaintiff in an underlying motor vehicle vs. pedestrian case, alleged that PRAC, the insurer of the motor vehicle driver, failed to make […]

Breach of Contract / Bad Faith

Ashley A. Noel

Ashley Noel obtained a judgment of dismissal on behalf of a commercial general liability insurer following a bench trial in the Judicial District of New Haven of the Connecticut Superior Court. The plaintiff, a manufacturer of pre-fabricated garages, constructed and installed a garage on a residential property.  Several months after the installation was complete, the […]

Motor Vehicle Accident – No Injuries

Kevin R. Kratzer

Boyle | Shaughnessy Law attorney Kevin Kratzer recently obtained a defense verdict in Hartford Superior Court for a motor vehicle accident case where the defendant admitted negligence during trial.  The plaintiff claimed that he suffered neck and back injuries as a result of the accident.  The plaintiff, who was stopped at red light, was driving […]

Motor Vehicle Accident – High Speed Rear-End Accident

Kevin R. Kratzer

Boyle | Shaughnessy Law attorney Kevin Kratzer recently obtained a favorable verdict in a motor vehicle accident case, in which the defendant admitted negligence during trial in Hartford Superior Court.  The defendant rear-ended the plaintiffs’ vehicle at a high rate of speed, causing severe damage to both vehicles. The plaintiffs, an elderly married couple, were […]

Massachusetts Supreme Judicial Court Allows Award of Attorney’s Fees in Settled Wage Act Cases

Massachusetts Supreme Judicial Court Allows Award of Attorney’s Fees in Settled Wage Act Cases On February 19, 2019, the Massachusetts Supreme Judicial Court issued a ruling in Belkie Ferman v. Sturgis Cleaners, Inc. 481 Mass. 488 (2019) affirming a trial court’s ruling awarding attorney’s fees and costs under the Massachusetts Wage Act, G.L. c. 149 § 148, 150, […]

Summary Judgment – Implied Co-Insured Doctrine

Patrick M. Audley

Patrick M. Audley recently prevailed on a motion for summary judgment in a matter involving seven-figure exposure for a tenant of a commercial landlord.  The case involved a fire which the plaintiff claimed was negligently caused by the tenant.  The court agreed with the defense argument that by virtue of lease provisions regarding the payment […]

Motion to Dismiss – Scope of Duty to Defend

Tanya T. Austin, Peter L. Bosse

Clarifying the scope of an insurer’s duty to defend where no suit has been filed, the Suffolk Superior Court recently held in Thomas W. Eagar v. Safety Insurance Company that neither a deposition subpoena nor related litigation to enforce such subpoena qualified as a “claim or suit” requiring an insurer to retain counsel to defend […]

Summary Judgment – Indemnification

Laura D. Devine

Attorney Laura Devine prevailed on a partial motion for summary judgment based on a contractual indemnification provision. The Worcester Superior Court (Massachusetts) ordered a co-defendant, snow plow contractor, to provide defense and indemnity to our convenience store client. The court also ordered the co-defendant to pay the defense costs and attorneys’ fees incurred by our client from […]

Summary Judgment—The Graves Amendment

Michael D. DeMeola

Recently, Boyle | Shaughnessy attorneys Michael D. DeMeola and Michael W. Stenger obtained summary judgment on behalf of their client, a regional shipping company, in the matter of Koenig v. NEHDS Logisics, LLC.  In Koenig, the plaintiff alleged that she was caused to suffer serious injuries when her vehicle was struck by a vehicle operated […]

Premises Liability – $0 Settlement

Timothy R. Scannell

Recently, Boyle | Shaughnessy attorneys Timothy R. Scannell and Michael W. Stenger successfully defended a premises liability case filed in the Stamford Superior Court.  The suit arose out of an alleged slip-and-fall which occurred at a popular big-box general merchandise store in downtown Stamford, CT.  The Plaintiff alleged to have suffered a permanent injury to […]

Premises Liability – Homeowner

Kevin R. Kratzer

Boyle | Shaughnessy attorneys Kevin R. Kratzer and Michael W. Stenger recently successfully defended an alleged slip-and-fall on ice at a private residence in southern Connecticut.  The plaintiff claimed that he developed amyotrophic lateral sclerosis (ALS) as a result of the fall.  Following intensive medical discovery, including depositions of the plaintiff’s neurosurgeons, Attorneys Kratzer and […]

Publication of Favorable Appeals Court Decision

Aaron R. White

MASSACHUSETTS APPEALS COURT RULES IN FAVOR OF BOYLE | SHAUGHNESSY CLIENT AFFIRMING BREACH OF OFFER TO PURCHASE REAL ESTATE The Massachusetts Appeals Court recently issued a decision in Assets Solutions, LLC v. Jose M. Quintero and Carlos R. Castillo (Rule 1:28 Decision), affirming a decision of the Massachusetts Land Court allowing the Motion to Dismiss […]

Motion to Dismiss – No Duty

Jonathan P. Killeen

Attorney Jonathan Killeen prevailed on a motion to dismiss a lawsuit filed by a New Hampshire law firm seeking alleged lost profits arising out of physical injuries sustained by one of the firm’s key business  partners. In doing so, the Rockingham County Superior Court (New Hampshire) determined that a claim for negligent interference with a […]

Motor Vehicle Accident – Summary Judgment

Ryan T. Downing

Boyle | Shaughnessy Law attorneys, Tim Scannell and Ryan Downing, recently obtained summary judgment on behalf of his client, Ally Financial, Inc., D/B/A, Vault Trust. The plaintiff in a motor vehicle accident case, claimed that the lessor of a vehicle operator should be held vicariously liable for the negligence of the operator. Pursuant to 49 […]

Slip and Fall – Water on Floor

Ashley A. Noel, Timothy R. Scannell

Timothy R. Scannell and Ashley A. Noel recently obtained a defense verdict following a jury trial in the Judicial District of Waterbury of the Connecticut Superior Court.  The plaintiff claimed to have slipped and fallen on an accumulation of water on the marble tile floor in the women’s restroom of a wedding and banquet facility […]

Premises Liability – Supermarket

Jay W. Fazzino, Timothy R. Scannell

Timothy R. Scannell and Jay W. Fazzino obtained a defense verdict following a jury trial in the Judicial District of Hartford of the Connecticut Superior Court.  The Plaintiff claimed to have fallen on a spilled container of yogurt while shopping in a large northeastern supermarket.  The Plaintiff claimed injuries to her back and lower extremities […]

Motor Vehicle Accident: Common-Law and Statutory Recklessness

Jay W. Fazzino, Timothy R. Scannell

Timothy R. Scannell and Jay W. Fazzino obtained an order of summary judgment entered in favor of the Defendant with respect to multiple counts of recklessness stemming from a motor vehicle accident.  The Plaintiff mounted claims of common-law and statutory recklessness pursuant to Conn. Gen. Stat. § 14-295 by alleging that the Defendant recklessly operated […]

Premises Liability – Slip and Fall – Summary Judgment

Jay W. Fazzino, Ashley A. Noel

Ashley A. Noel and Jay W. Fazzino recently obtained an entry of summary judgment in favor of their client in a premises liability action filed in Hartford Superior Court in Connecticut.  The Defendant had been contracted to supply a waste receptacle on a commercial property for a designated period of time during a restoration project.  […]

Premises Liability: Constructive Notice

Jay W. Fazzino, Timothy R. Scannell

Timothy R. Scannell and Jay W. Fazzino recently obtained a judgment as a matter of law in favor of their client, a northeast-based supermarket, in an action brought in the Judicial District of Hartford in the Connecticut Superior Court.  The case involved an alleged slip and fall accident in which the Plaintiff claimed that she […]

Jury Rejects $1.1M ask in Reptile Trucking Case

Ashley M. Berger, Thomas J. Fay

Boyle | Shaughnessy Law attorneys, Thomas Fay and Ashley Berger received a defense verdict in a trucking case where the admitted Reptile plaintiff’s counsel asked for $1.1M from the jury during his closing argument.  The plaintiff claimed he suffered from post-traumatic stress disorder and a lower back injury.  The case was tried in Suffolk Superior […]

Declaratory Judgment – Foundation Collapse

Ashley A. Noel

Ashley A. Noel obtained judgment as a matter of law on behalf of an insurer in a declaratory judgment action on the ground that the suit limitation in the applicable policy barred the insured’s claim. The insured sought coverage under his homeowners policy for the alleged “collapse” of his foundation due to the oxidation and […]

Commercial Dispute—Defense Verdict

Jonathan P. Killeen

Attorney Jonathan Killeen received a defense verdict following a bench trial.  Attorney Killeen successfully represented a regional last mile delivery company providing services to the Eastern and Midwest United States. The multi-party case involved allegations for negligence, breach of contract, and fraudulent misrepresentation arising out of the defendants’ alleged failure to deliver consumer products to […]

Wrongful Death – Summary Judgment

Jay W. Fazzino, Timothy R. Scannell

Timothy R. Scannell and Joseph W. Fazzino earned an order of summary judgment entered in favor of their clients in a case involving a fatal motor vehicle accident between a tractor-trailer and a bicyclist.  The Plaintiff cited to local city ordinances in an attempt to bring claims of negligence per se against the Defendants, which […]

Premises Liability – Traumatic Brain Injury

Matthew H. Greene, Mark W. Shaughnessy

A commercial property owner in a traumatic brain injury lawsuit filed in the Norfolk Superior Court was successfully defended. The plaintiff’s employer, a roofing contractor, was hired by the defendant to shovel snow off the defendant’s roof during the heavy snowfall in the Winter of 2015.  The plaintiff, who was the foreman of his crew, […]

Defamation – SLAPP Lawsuit

Thomas H. Houlihan, Jr., Timothy R. Scannell

Boyle | Shaughnessy Law attorneys Tim Scannell and Tom Houlihan prevailed on a special motion to dismiss in favor of their client in an action filed in the Bridgeport Superior Court in Bridgeport, Connecticut. The plaintiff in the case filed an action against our client sounding in Intentional Infliction of Emotional Distress, Negligent Infliction of […]

Employment – Whistleblower – Civil Rights

Michael P. Johnson, Mark W. Shaughnessy, Aaron R. White

In this matter, we represented former Suffolk County District Attorney Daniel Conley, his chief-of-staff, John Towle, and civilian investigator, Michael Roberts, in this case involving claims of retaliation, tortious interference with contractual relations, and violations of the Massachusetts Civil Rights Act. The firm also represented the Suffolk County District Attorney’s Office against Plaintiff’s claims for […]

Automotive Liability – Penobscot Superior Court

Pawel Z. Binczyk

Boyle | Shaughnessy Law attorney Pawel Z. Binczyk recently received a defense verdict in an automotive liability case where a plaintiff alleged severe and lasting back injuries that resulted in two lumbar fusion surgeries.  The case was tried in Penobscot Superior Court in Bangor, Maine. The plaintiff was a passenger in the rear living area […]

Motion to Compel Arbitration – Upholding E-Signature

Erin S. Bucksbaum, Michael P. Johnson

Attorney Erin Bucksbaum prevailed on a motion to compel arbitration in an employment discrimination case following an evidentiary hearing requiring testimony from multiple witnesses. The issues involved a determination as to whether the digital signature was genuine and if the arbitration agreement could be enforced. In granting the motion, the Hillsborough North County Superior Court […]

Summary Judgment – Regional School District

Kevin R. Kratzer, Ashley A. Noel

The Connecticut Appellate Court upheld the granting of summary judgment on behalf of a regional school district and several school officials represented by Attorneys Kevin R. Kratzer and Ashley A. Noel.  Attorneys Kratzer and Noel represented the school district and the school officials at both the trial and appellate court levels. The minor plaintiff alleged […]

Motion to Enforce – Upholding Medicare Payment Requirement

Michael P. Johnson, Ryan D. Landry

Attorneys Ryan Landry and Michael Johnson prevailed on a motion to enforce a settlement in a personal injury case following a lengthy dispute over the terms of the settlement and repayment of plaintiff’s Medicare lien. The key issue was whether defendant and his insurer could require plaintiff to provide proof that plaintiff had satisfied the […]

PREGNANT WOMAN HURT IN CRASH; BABY BORN WITH DISABILITIES

Mark W. Shaughnessy

On November 26, 2001, a collision occurred between a tractor-trailer, owned by the defendant and driven by its employee, and a 1997 Dodge Neon driven by the plaintiff who was nine months pregnant.  The collision occurred at approximately 7:40 a.m. on a Monday morning on the Route 28 on-ramp leading to Route 495 North.  The […]

Appeals Court Affirms Dismissal of Claims Against Insurer

Tanya T. Austin, Peter L. Bosse

In Marculetiu v. Safety Ins. Co., the Appeals Court recently affirmed the allowance of Safety Insurance Company’s Motion to Dismiss all claims against it, holding that Safety had no duty to defend or indemnify its insured against claims for false imprisonment and sexual assault. In Marculetiu, the insured—a ballet instructor—was alleged to have assaulted and […]

Legal Malpractice – Appeal

Matthew Greene, a Shareholder of the firm, successfully defended an appeal of a defense verdict where the jury found in favor of an attorney in a legal malpractice lawsuit filed in the Worcester Superior Court. In the underlying case, the Court awarded partial summary judgment to the plaintiff on the issues of duty and breach, […]

Motor Vehicle Accident – Surgery Not Related To Accident

Scott M. Carroll, John M. Tilley

In Plymouth Superior Court, Shareholders Scott Carroll and John Tilley recently obtained a defense verdict in a case where liability for a motor vehicle accident was admitted prior to trial. At trial, the primary dispute was whether the rear-end accident caused the plaintiff to sustain the injuries that necessitated cervical and lumbar surgeries.  Plaintiff’s demand […]

Land Use – Summary Judgment on Spite Fence Claim

Scott M. Carroll, John M. Tilley

Shareholders Scott Carroll and John Tilley recently obtained summary judgment in Plymouth Superior Court on a spite fence claim. (G.L. c. 49, section 21) Part of the land dispute concerned the allegation that a landscaping berm was placed by the defendant to annoy and harass the plaintiff. Prior to filing summary judgment, defense counsel identified […]

Dram Shop – Summary Judgment on Employer Host Liability

Scott M. Carroll, John M. Tilley

Shareholders Scott Carroll and John Tilley recently obtained summary judgment in Bristol Superior Court on a personal injury action based on an employer host theory of liability. The case arose from a motor vehicle accident that occurred when a third-party allegedly drove the wrong-way on an interstate highway and collided with multiple vehicles. As a […]

Slip & Fall – Summary Judgment

Scott M. Carroll, John M. Tilley

Shareholders Scott Carroll and John Tilley recently obtained summary judgment in Essex Superior Court on a slip and fall personal injury claim. The plaintiff alleged the defendant, the owner of condominium units at a commercial premises, negligently maintained the parking lot where the alleged slip and fall occurred. During discovery, defense counsel was able to […]

Product Liability – Traumatic Workplace Injury Claim

Scott M. Carroll, John M. Tilley

Shareholders Scott Carroll and John Tilley recently obtained summary judgment in Suffolk Superior Court from a claim involving a traumatic workplace injury that resulted in the amputation of the plaintiff’s arm. The plaintiff alleged the defendant, a safety equipment manufacture representative, negligently performed a prior survey of a workplace lathe machine by failing to recommend […]

G. L. c. 93A decision on intentional violation

David M. Bae

Premises Liability – Defense Verdict

Matthew H. Greene, Timothy J. Wadman

An innkeeper sued by a guest for serious personal injuries in the Berkshire Superior Court was successfully defended. The plaintiff, while a guest of the inn, fell down a flight of stairs while reading a framed and mounted newspaper article on the wall.  She alleged that the article’s position relative to the stairs, in conjunction […]

Premises Liability – Appeal

Matthew H. Greene

Matthew Greene, a Shareholder of the firm, successfully defended an appeal of a defense verdict where the jury found in favor of a commercial property owner who hired an independent contractor to remove snow from the roof of its facility.  An employee of the  independent contractor fell 30 feet from the roof and sustained a […]

Traumatic Brain Injury – Defense Verdict

Shareholders Nick Kosiavelon and Megan Fitzgerald of BSL’s Boston office won a defense verdict in a traumatic brain injury (“TBI”) case in Middlesex Superior Court. The Plaintiff alleged that she fell backward on untreated ice in the parking lot of a supermarket hitting her head and suffering a traumatic brain injury and variety of orthopedic […]

Vexatious Litigation – Defense Verdict

Thomas H. Houlihan, Jr., Timothy R. Scannell

Boyle | Shaughnessy Law attorneys Timothy R. Scannell and Thomas H. Houlihan, Jr. recently obtained a defense verdict in a vexatious litigation case in the Stamford Superior Court.  The plaintiffs alleged that their neighbors filed an underlying trespass action against them without probable cause and with a malicious intent to vex and trouble the plaintiffs. Attorneys Scannell and Houlihan […]

Hospitality Sector – Federal Appeal

Thomas H. Houlihan, Jr., Ashley A. Noel, Carly L. Sirota

Boyle | Shaughnessy Law attorneys, Thomas H. Houlihan, Jr. and Ashley A. Noel, recently obtained a favorable decision from the United States Court of Appeals for the Second Circuit on behalf of their client who owned and operated a hotel in Connecticut. Attorney Carly Sirota also assisted with the appeal. The plaintiff, a self-proclaimed Americans with […]

Summary Judgment – Invasion of Privacy

Matthew H. Greene, Timothy J. Wadman

Matthew H. Greene and Timothy J. Wadman, while serving as Special Assistant Attorneys General for the Commonwealth of Massachusetts, recently obtained summary judgment in favor of their clients, the Norfolk County District Attorney’s Office and a State Police Detective assigned to the Office.  The plaintiff asserted claims for negligent and intentional invasion of privacy as […]

Appeals Court Affirms No Duty to Defend

Tanya T. Austin, Peter L. Bosse

Affirming the Suffolk Superior Court’s dismissal of claims against an insurer, the Appeals Court recently held in Thomas W. Eagar v. Safety Insurance Company that claims against an individual for refusing to be deposed in an underlying personal injury lawsuit were not claims seeking damages because of “bodily injury,” nor were they claims because of […]

Superior Court Decision Reversal in Wrongful Death Case

Ashley A. Noel, Cassandra M. Pilczak

Ashley Noel and Cassandra Pilczak obtained the reversal of a Superior Court decision and the entry of a directed judgment on behalf of a security contractor in the Connecticut Appellate Court.  This indemnification action arose out of a wrongful death case in which the decedent’s estate alleged that the owner of a shopping mall negligently […]

Defense Verdict – Subrogation

Ashley A. Noel, Timothy R. Scannell

Timothy R. Scannell and Ashley A. Noel obtained a defense verdict following a nearly three-week subrogation trial in New Haven Superior Court. The plaintiff’s insured, a local restaurant, sustained extensive property damage as the result of a fire caused by the improper installation of a commercial range too close to a combustible wall within the […]

Statutory Limited Liability for Snow & Ice Maintenance – Defense Verdict

Michael P. Johnson, Ryan D. Landry

Attorneys Michael Johnson and Ryan Landry received a first-of-its kind defense verdict in Rockingham County Superior Court after a 6 day trial when the Jury found that the defendants were entitled to the limited liability protections provided by RSA 508:22. The case involved a woman who slipped in a parking lot maintained by our client. […]

Snow Plow Liability Making View Obstruction Causing Accident – Severe Brain and Orthopedic Injuries – Defense Verdict

Michael P. Johnson

Attorney Michael Johnson received a defense verdict in Aroostook County Maine Superior Court (Caribou) after a 5 day trial when the Jury found that the defendant was not liable.  The allegations at trial were that the snow plow contractor created a view obstruction that significantly reduced the visibility of the 65 year old plaintiff causing […]

Premises Liability – Fall – Summary Judgment

Thomas H. Houlihan, Jr., Walter J. Klimczak, III

Attorneys Thomas H. Houlihan, Jr. and Walter J. Klimczak, III recently obtained a Summary Judgment ruling in favor of its client that it was owed defense and contractual indemnification under the terms of a Lease Agreement. The plaintiff sued the defendants claiming injuries as the result of a fall on the property.  Attorneys Houlihan and […]

Premises Liability – Door Injury – Summary Judgment

Thomas H. Houlihan, Jr., Walter J. Klimczak, III

Attorneys Timothy R. Scannell and Walter J. Klimczak, III recently obtained a Summary Judgment ruling that its client did not owe the plaintiff a duty of care. Attorneys Scannell and Klimczak represented a company who had previously performed work on a door at the premises.  The plaintiff claimed that he was injured by the door […]

Appeals Court Decisions

David M. Bae

Attorney David M. Bae’s Appeals Court Decisions (link)

Coverage – SJC Ruling – First Party Polllution

Jeffrey E. Dolan

Shareholder Jeff Dolan prevailed before the Supreme Judicial Court (“SJC”) of Massachusetts on an insurance coverage issue of first impression. The case involved a first-party pollution insurance policy. The insurer paid costs associated with a release of wastewater under the terms of the policy, but declined to pay the costs of preventing a covered “suspension […]

Supreme Judicial Court Decision – Statutory Interpretation in Case of First Impression

David M. Bae

Motor Vehicle Accident – Favorable Verdict

Thomas H. Houlihan, Jr., Ashley A. Noel

Boyle | Shaughnessy Law attorneys Thomas H. Houlihan, Jr. and Ashley A. Noel  recently obtained a favorable jury verdict in a motor vehicle accident case pending in the Bridgeport Superior Court. The Plaintiff alleged that she was injured when the Defendant rear-ended her vehicle while on a highway entrance ramp. In particular, the Plaintiff claimed numerous […]

Summary Judgment – Defamation

Matthew H. Greene

Matthew H. Greene and Kristen N. Annunziato recently obtained dismissal of an action pursuant to MRCP Rule 12(b)(6) for their clients, a public relations firm and its individually named employee.  The case involved a local municipality’s decision to close a series of commercial buildings after it identified a series of alleged building and safety code […]

Denial of Class Certification

Tanya T. Austin, Peter L. Bosse

Attorneys Peter L. Bosse and Tanya T. Austin successfully opposed the certification of a 26,000+ member class on behalf of Safety Insurance Company, limiting potential recovery to two individual plaintiffs. In McGilloway v. Safety Insurance Company, a case that has been pending since 2017 and which has already been before the Supreme Judicial Court on […]

Defense Verdict – Hail Damage

Ashley A. Noel, Jessica L. Topper

Ashley A. Noel and Jessica L. Topper obtained a defense verdict on behalf of a homeowners insurer following a jury trial in the Judicial District of Hartford of the Connecticut Superior Court. The insured submitted a claim under his homeowners insurance policy for alleged hail damage to his home.  After the insurer denied his claim […]

Underinsured Motorist – Favorable Verdict

Quinn E. Kelley, Jonathan P. Killeen

Boyle | Shaughnessy Law attorneys Jonathan P. Killeen and Quinn E. Kelley recently obtained a favorable verdict in a underinsured motorist (UIM) case pending in Grafton County Superior Court, following a six-day jury trial.  The Plaintiff alleged that she sustained severe and permanent injuries, including a three-level cervical fusion that prevented her from working, arising from a motor vehicle […]

Defense Verdict – Motor Vehicle Accident

Francine L. Klarsfeld, Walter J. Klimczak, III

Walter J. Klimczak III and Francine L. Klarsfeld obtained a defense verdict on behalf of a truck driver following a jury trial in the Judicial District of New Haven of the Connecticut Superior Court. The plaintiff claimed that a truck driver made an unsafe lane change from the center lane into the left lane and sideswiped […]

ATV Accident – Defense Verdict

Christina S. Cassidy, Francine L. Klarsfeld

Christina S. Cassidy and Francine L. Klarsfeld recently obtained a defense verdict following a jury trial in the Judicial District of Rockville of the Connecticut Superior Court. At the time of the accident, the defendant was operating an ATV, which was pulling the plaintiff on a snow tube. The plaintiff claimed that the defendant negligently […]

Motion to Dismiss – Failure to State a Claim for Conversion and Professional Liability

Laura D. Devine

Attorney Laura Devine prevailed on a motion to dismiss on behalf of an attorney client in the U.S. Dist. D. Vermont. The matter concerned a residential real estate transaction. Attorney Devine represented the buyer attorney in that real estate transaction. The Plaintiff was a romantic partner of the seller in the real estate transaction. The […]

New York – No-Fault Summary Judgment

Michael D. DeMeola, Walter J. Klimczak, III

Michael D. DeMeola and Walter J. Klimczak III obtained a Summary Judgment ruling in favor of their client in a New York No-Fault claim.  The Plaintiff, an assignee, sued the Defendant claiming that the Defendant refused to pay medical bills under New York No-Fault Law associated with the assignor’s medical treatment stemming from an underlying […]

Appeal Defended – US Court of Appeals for the Second Circuit

Laura D. Devine

Attorney Laura Devine prevailed on a motion to dismiss on behalf of an attorney client in the U.S. Dist. D. Vermont. The matter concerned a residential real estate transaction. Attorney Devine represented the buyer attorney in that real estate transaction. The Plaintiff was a romantic partner of the seller in the real estate transaction. The […]

Defense Verdict – Invasion of Privacy

Christina S. Cassidy, Timothy R. Scannell

Timothy R. Scannell and Christina S. Cassidy recently obtained a defense verdict following a jury trial in Derby Superior Court. The Plaintiffs were guests staying at a hotel, and claimed that the hotel staff invaded their privacy by intruding upon their seclusion and placing them in a false light before the public. Specifically, the Plaintiffs […]

Summary Judgment – Negligent Service of Alcohol

Attorneys Jonathan Killeen and Michael Johnson recently obtained a favorable summary judgment order on behalf of their client, a restaurant, involving an alleged claim for negligent service of alcohol pursuant to RSA 507-F. The matter arose out of a tragic incident where an impaired driver caused a motor vehicle accident that resulted in fatal injuries […]

New York Appeal – Construction Defect

Walter J. Klimczak, III

Walter Klimczak obtained the reversal of a New York Supreme Court decision which denied summary judgment on behalf of a construction contractor.  The plaintiff claimed that he was injured after stepping off of a sidewalk and into a pothole in the roadway. The Supreme Court ruled that there was a question of fact as to […]

Connecticut Appeal – Personal Jurisdiction

Walter J. Klimczak, III

The Connecticut Appellate Court recently affirmed the decision of the Superior Court dismissing the case against the defendant for lack of personal jurisdiction.  The claim arose out of a Vermont real estate transaction wherein a Connecticut resident claimed ownership over the disputed funds.  On appeal, Walter Klimczak successfully argued that the clients, who were based […]

New York – Summary Judgment – Construction Defect

Walter J. Klimczak, III

Walter Klimczak obtained summary judgment on behalf of a construction contractor for third party claims asserted against it.  The third party plaintiff claimed that the third party defendant owed it common law and contractual indemnification for injuries suffered by the plaintiff after a fall on the sidewalk where construction had been performed.  Attorney Klimczak successfully […]

Declaratory Judgment – No Duty to Defend

Jonathan P. Killeen

Attorney Jonathan P. Killeen obtained two favorable summary judgment decisions on behalf of an insurer against three alleged insureds arising out of a premises liability claim. The first alleged insured (the “daughter”) sought defense and indemnity from the insurer under a business owners policy (the “Policy”).  The daughter owned property with two other alleged insureds (the […]

Defense Verdict – Unjust Enrichment

Dawn M. Piccirilli

Barnstable Superior Court – Jury Reaches Defense Verdict in Unjust Enrichment Case This case arose from the breakdown of an intimate and business relationship between an auto-mechanic and his girlfriend who worked together at his auto repair business and who lived together in a home owned by her parents. The auto-mechanic and his business were […]

Business Litigation – Bench Trial

Matthew H. Greene, Timothy J. Wadman

Matthew Greene and Timothy Wadman recently obtained judgment in favor of their client following a four-day bench trial in the Business Litigation Session of Suffolk Superior Court (Boston, MA).  The case involved claims for violation of the Massachusetts Uniform Securities Act (MUSA), G.L. c. 110A, sec. 410, and violation of G.L. c. 93A, sec. 11, […]

Motion to Dismiss – Affirmed on Appeal

Jonathan P. Killeen

Attorney Jonathan P. Killeen obtained a favorable decision on behalf of his clients, a private game reserve and its president, dismissing a lawsuit brought by an aspiring member. The plaintiff applied for membership in the game reserve and claimed that he had successfully fulfilled the game reserve’s by-law requirements and achieved the status of an “approved […]

Jury Trial – Motor Vehicle Negligence

Patrick Driscoll, Jr.

Attorneys Laura Devine and Mike Johnson successfully defended their client before a jury in a motor vehicle negligence lawsuit. Attorneys Devine and Johnson tried the matter before a jury in the State of New Hampshire Hillsborough South. Liability and damages were contested.  Before trial, plaintiff’s counsel demanded the policy limit of $5 million to resolve […]

Wrongful Death Defense Verdict

Ashley A. Noel

Attorneys Ashley A. Noel and Cassandra A. Hardy obtained a defense verdict in a wrongful death product liability action brought in Hartford, Connecticut. The Plaintiff claimed that her minor son drowned in a public pool due to the failure of a camera system to alert emergency dispatch to his presence in the pool, causing his […]