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Superior Court refuses to enforce health club waiver

Philip R. Dunn

The plaintiff fell off of a Bosu Ball after being placed on it by a trainer at the gym.  The Superior Court grants the plaintiff’s motion for summary judgment on a special defense asserting a waiver of any claims for…

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Supreme Court holds that horse owner is subject to ordinary negligence liability

Joseph M. Busher

Overturning a Superior Court ruling, the Supreme Court holds that the owner of a horse that has not previously displayed mischievous propensities may nonetheless be held liable and must use reasonable care to protect others from the horse.  Two Justices…

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Supreme Court affirms wrongful conduct as a bar to tort action

Matthew J. O'Keefe

The court holds that public policy precludes a plaintiff from claiming that a defendant has a duty to protect a plaintiff from potential criminal prosecution.  The plaintiff had been a minor patient/client of the defendant, a social worker, when the…

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Supreme Court affirms wrongful conduct as a bar to tort action alleging sexual misconduct

Kathryn M. Cunningham

The court holds that public policy precludes a plaintiff from claiming that a defendant has a duty to protect a plaintiff from potential criminal prosecution.  The plaintiff had been a minor patient/client of the defendant, a social worker, when the…

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Appellate Court holds that governmental immunity bars claim against animal control officer and municipality

Peter K. O'Keefe

  The court holds that the enforcement of restrain orders regarding dogs and animal control duties are discretionary and entitled to governmental immunity.  The court further rejects the claim that the plaintiff qualified as an identifiable victim, since there were…

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Appellate Court holds that defective highway statute is exclusive remedy as to snow bank on side walk

Matthew J. O'Keefe

The plaintiff claimed that she was forced to walk on a street due to snow covering a sidewalk.  She was the struck by a hit-and-run driver.  It was alleged that the municipality plowed snow onto the sidewalk.  The Appellate Court…

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