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In the chess match that can take place in the course of litigating personal injury cases, one topic has especially fascinated me. It involves the situation where you sue two defendants but settle prior to the trial with one of them. The Supreme Judicial Court has clarified an ambiguity which carried into the 1990s. That clarification, in the case of Morea v. Cosco, Inc., 422 Mass. 601 (1996), prohibits the fact of a settlement to come into evidence in a trial against the remaining defendant. To be sure, there are exceptions where this exclusion will not apply. For the most part, however, the rule establishes that the settlement is not admissible. The Supreme Judicial Court made this decision so that settlements can be encouraged with one party. Also, the adjustment for the settlement will be done by the judge as there has to be an offset for the amount that was paid to the plaintiff by the settling tortfeasor. The Massachusetts’s Guide to Evidence, Rule 408, codifies the rule of Morea v. Cosco.
All of this is heartwarming news to plaintiffs. It affords flexibility for there may be times when a resolution against one defendant is preferred. In other circumstances, it may be that the injured party may prefer to have both defendants in the trial of the personal injury action. However, it is always nice to have the choice and your lawyer can advise you, the injured party, which is the preferred strategy. Happily, if it turns out that the better approach is to settle against Defendant 1 while leaving the case open against Defendant 2 – probably the more common approach – the evidentiary implications are known in advance.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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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...
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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 ...
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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 ...
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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...
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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...
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