Search Site
Menu

The Horse's Tort

A local racetrack has been advertising quite a bit on the Boston stations. When I hear their ad I am reminded of a case I had against them more than 20 years ago when a horse kicked a client and fractured the client’s patella. We sued the racetrack and naturally the owner of the horse. The owner of the horse came from Texas and just happened to have had some horses, including the offending one, in Massachusetts for a short while during the racing season. When I brought suit, the Texas owner had a Boston attorney file a motion to dismiss for lack of jurisdiction. I was surprised because clearly this horse, by then located in Texas, caused “tortuous injury by an act or omission in this Commonwealth.” M.G.L.c. 223A S. 3, “Transactions or Conduct for Personal Jurisdiction”. That statute allows for jurisdiction if the defendant transacts business in the Commonwealth, supplies services or things in the Commonwealth, derives substantial revenue from goods used or consumed in the Commonwealth, and so forth. It was the tortious injury part of 223A which made me confident that I had jurisdiction over the horse or, more accurately, over the Texan owner. Fortunately, the judge agreed and the case proceeded. In actuality, the jurisdictional issue was easy, contrary to the defense attorney’s impression, because the horse caused a Massachusetts injury. But it bears noting that jurisdiction is just as easily established if a producer or merchandiser brings, or has delivered, something to the state which causes injury despite the producer/merchandiser not having a presence in Massachusetts.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...

    Read more

    Rose M

  • google
    5.0/5.0

    After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...

    Read more

    Diane DeMarco

  • google
    5.0/5.0

    Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...

    Read more

    Trevor Zierhut

  • google
    5.0/5.0

    I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...

    Read more

    John Stenis

  • google
    5.0/5.0

    I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...

    Read more

    Wu tang Is for the children

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form