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Your email address will not be published.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

    Very professional firm, always pay attention to detail. Knowledgeable and successful. Written on behalf of Mikhail Zaytsev.

    Read more

    Yelena Wise

  • google
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Craig Donovan

  • lawyers
    5.0/5.0

    I was a victim of a serious crash and sustained some major injuries. I was referred to Feinberg & Alban by a personal friend while I was in rehab. I contacted on a weekend and was put in touch with Robert. After speaking over the phone with Robert an...

    Read more

    Client

  • lawyers
    5.0/5.0

    Большое спасибо сотрудникам компании Feinberg & Alban и особенно Marsha Alban за высокий профессионализм и внимательное отношение к клиентам. Благ...

    Read more

    Client

  • google
    5.0/5.0

    We would recommend Atty. Colleen Santora and the entire team at Feinberg & Alban highly. We had a major auto accident in 2012 and my husband also at a bad motorcycle accident as well four years after. We have always relied on her, She is a class act ...

    Read more

    Kyle Meahl

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form