(DOWNLOAD) "Charles Martin v. Michael Ring" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Charles Martin v. Michael Ring
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
A plaintiff in a negligence action was collaterally estopped to assert a causal connection between his back injury and a fall
from the defendant's second-floor porch, where a competent tribunal, the Industrial Accident Board, had fully considered in
a workmen's compensation hearing the causation of the plaintiff's back injury and had fairly determined the back problems
were unrelated to the accident. [62-64] The plaintiff brought this negligence action against Joseph Dooley (now deceased) for injuries allegedly sustained while
working on the porch of Dooley's house. Prior to trial, the defendant filed a motion in limine to preclude introduction of
evidence that the plaintiff suffered a back injury as a result of the accident. The defendant asserted that the plaintiff
was collaterally estopped from raising this issue by an adverse decision of the Industrial Accident Board (board), which found
that the plaintiff's back injury did not result from his fall from Dooley's porch. The trial Judge granted the motion and
directed a verdict for the defendant. 2 The Judge reported his interlocutory ruling pursuant to Mass. R. Civ. P. 64, 365
Mass. 831 (1974). 3 We granted the plaintiff's application for direct appellate review. We answer the reported question
in the affirmative. Consequently, we order the entry of judgment for the defendant.
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