Search Site
If you think of major cases in tort law, which includes personal injury law, the Supreme Judicial Court of Massachusetts in the 1970s provided a wealth of evolving law. Their decisions were as epic in this field as the decisions of the United States Supreme Court in the 1960s when that court issued a whole host of rulings concerning criminal and constitutional law. Because this blog deals with the handling of personal injury cases, I will focus on the SJC in the 1970s. Recent blogs have concerned changes in the common law of torts brought by judicial decision. One of the biggest decisions was the case of Mounsey v. Ellard, 363 Mass. 693 (1973) where business invitees were eliminated as a separate category and a duty of reasonable care was imposed upon all those lawfully on the premises. With respect to trespassers, that distinction remained as land owners continued to owe them a duty only to refrain from willful, wanton, or reckless disregard. Prior to Mounsey, the focus would be on the status of the person on the land i.e. whether they were an invitee, licensee, or trespasser. In Mounsey, the Supreme Judicial Court abrogated the distinction between invitee and licensee and no longer expected a focus on the status of the person who was injured. I am not sure this abrogation was a pro-plaintiff decision, although it is generally thought to have been, but it certainly narrowed the legal issues.
Mounsey continues to be the leading case in this field (having recently been cited in the snow-and-ice Papadopoulos v. Target decision) almost four decades after it was decided.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
-
5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
-
5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
-
5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
-
5.0/5.0
On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
Awards & Affiliations
Contact us
