Jun 9 2022

Alan Brown Quoted in Massachusetts Lawyers Weekly

Morrison Mahoney partner Alan Brown was recently quoted in Massachusetts Lawyers Weekly regarding a negligence – slip and fall – causation case.

A U.S. District Court judge determined that a premises liability plaintiff could not rely on Massachusetts’ “obvious causal relationship” exception to excuse her from having to introduce expert medical testimony.  The defendant’s expert had opined that her torn rotator cuff was due to a fall that occurred eight months before she slipped and fell at the defendant’s store.

Alan states that he was not surprised by the judge’s finding that the plaintiff needed to produce expert testimony on medical causation. “This case reflects the longstanding principle in Massachusetts that all but the simplest issues of medical causation do require an expert,” Brown said. “Defense counsel here was able retain an expert to opine that not only did the atrophy that was observed on the MRI not appear to be related to the fall at Costco, but that it was not possible to a medical degree of certainty to attribute this symptom to the fall at Costco.”

To read the full article, click here [subscription].

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