Blog

Attorneys practicing tort law likely remember their first year of law school when they learned a plaintiff must establish all four elements of negligence by a preponderance of the evidence to prevail on a claim. Those elements were, and still are: (1) duty, (2) breach, (3) causation, and (4) harm.

If you employ Massachusetts workers, you will soon have to comply with the new Massachusetts Paid Family Medical Leave (PFML) law.

With the holidays now officially behind us, many of us would like to think that spring is not too far off, but truth be told, the relentless New England weather has yet to truly make its mark on winter 2019.

Morrison Mahoney Partner Grace Garcia recently wins jury trial in Middlesex Superior Court

Morrison Mahoney Partner Grace Garcia and Associate Steve Troiano obtain summary judgment at Bristol Superior Court.

Summary judgement obtained on fraud, misrepresentation, and breach of contract claims.

Courtroom Success 2014: 30; Boston Partner Grace Garcia and Associate Allison Goldberg recently obtain dismissal of a $500,000 claim in the Essex Superior Court based on a statute of limitations argument. In a case arising out of a fire at a storage facility, plaintiff, who had contracted to have her possessions stored, sued several parties including our client, a demolition company who allegedly caused the fire. Three years and a week after the fire, plaintiff filed her Complaint for negligence, conversion, and emotional distress. In arguing that her filing was timely, plaintiff alleged that the discovery rule applied since her loss was inherently unknowable. Specifically, although plaintiff allegedly went to the facility after the fire to look for her property, spoke with the entity that had stored her property, and spoke with our client who was performing the demolition work, she was unable to determine that her property had been damaged until about a week after the fire. As such, plaintiff claimed that she timely filed the case within three years of knowing of the damage. In granting the Motion to Dismiss, Judge Lowy determined that although the plaintiff may not have known about her loss, such did not equate to the harm being “inherently unknowable,” and thus the discovery rule was inapplicable.