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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.
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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