Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose v Highway Equipment Company 86 Mass App Ct 204 (2014) WORKER INJURED MAINTAINING WORK EQUIPMENT Rose, a worker injured while performing maintenance on heavy machinery, sued the manufacturer of the… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
If you must know more about “the economic loss rule”, … it is rule is based on the idea that lawsuits between people who have no contract with each other should have some limits. It prohibits recovery of “economic damages” where negligence (rather than breach of an agreed upon contract) is alleged to have caused… Read More »The Bewildering Economic Loss Rule
Ten Tips for Massachusetts Property Insurance Claims
You have paid premiums, now you have a claim because your property got damaged. How does that work? Give Notice Early – Contact the insurer to give notice of claim. The initial notice need not be detailed. You Are Your Claim # – Know your Claim # – this is the key to the door… Read More »Ten Tips for Massachusetts Property Insurance Claims
SUPERIOR MECHANICAL PLUMBING & HEATING V INSURANCE COMPANY OF THE WEST 80 Mass App Ct 584 (2012) FACTS The Owner, LA Fitness Center hired the General Contractor, PinnCon LLC to construct a sports facility in Saugus. The GC hired Superior as a plumbing subcontractor. The Owner and GC had a written agreement saying that the… Read More »Sub Lien Attaches only to Amounts Owner Owes GC
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