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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
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5.0/5.0As someone who has unfortunately been in a major accident prior to the one for which I've recently needed legal counsel for, I can attest firsthand in the difficulty of finding a reputable, capable, knowledgeable, and experienced lawyer, and what to ...
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Man, I was hit by a car and it has changed my whole life. The bright spot in it was this law firm. Perry Feinberg really came to my bedside and kept me informed throughout the whole process. I would definitely recommend them .
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Colleen 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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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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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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