Massachusetts Motor Vehicle Torts: Liability and Litigation

A trusted roadmap to key topics in motor vehicle torts

Product Number: 1950300B00
Publication Date: 2/2/2023
Edition: 5th Edition 2023
Copyright: © 2023 MCLE, Inc.
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Massachusetts Motor Vehicle Torts: Liability and Litigation

A trusted roadmap to key topics in motor vehicle torts

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Print Book 428 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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Product Description
Product Description

Massachusetts Motor Vehicle Torts: Liability and Litigation guides you through a case from beginning to end, from the initial client conference and underlying insurance issues through liability and damages to the plaintiff's and defendant's best strategies for succeeding before and during trial. The book sets forth detailed guidance on navigating the complex relationships among insurers, counsel, the defendant, the plaintiff, and third parties. Special attention is paid to liens on settlement and the structuring of settlements to best serve the interests of the client.

Recent updates:
- Update: February 2023
  Dear Subscriber:
  
  Thank you for updating your library with the latest version of Massachusetts Motor Vehicle Torts: Liability and Litigation . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.
  
  Highlights from this year's edition include:
  - amendments to the Massachusetts Rules of Professional Conduct relating to solicitation, advertising, and civility;
  - a Supreme Judicial Court opinion confirming that coverage for third-party property damage applies to the "inherent diminished value" of the damaged vehicle;
  - guidance from the Appeals Court on how to determine whether liability has become reasonably clear and the insurer is obligated to enter into settlement negotiations;
  - new case law on the definitions of "public employer" and "independent body politic and corporate" for purposes of applying the Massachusetts Tort Claims Act;
  - evidentiary exclusion of breathalyzer test results generated by the Draeger Alcotest 9510;
  - admissibility of hospital records introduced pursuant to G.L. c. 233, s. 79;
  - case law from the Massachusetts appellate courts on appropriate qualifications for expert testimony, including testimony by a "blood certified test analyst" on the physiological effects of gamma hydroxybutyric acid and by a quality engineer for a paint manufacturer on the condition of paint found at a crime scene;
  - review of a trial judge's determination of reliability under the Daubert-Lanigan standards;
  - handling claims for negligent infliction of emotional distress where the plaintiff was within the "zone of danger" when witnessing the effects of the tortfeasor's actions;
  - the tolling of statutes of limitations and changes in alternative dispute resolution procedures during the COVID-19 pandemic; and
  - updates to the Massachusetts Guide to Evidence and changes to court rules and other guidance.
  We trust you will find this updated version of Massachusetts Motor Vehicle Torts: Liability and Litigation an invaluable resource for your practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq., MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Preliminary Steps in Representing a Client
Buy Chapter
Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Checklist 1.1
- Information to Gather in Initial Client Meeting Buy Form

Exhibit 1A
- MassHealth Authorization Buy Form

Exhibit 1B
- Prototype of HITECH Letter Directing Hospital Records to Attorney (per ONC Final Rule) Buy Form

Exhibit 1C
- Prototype of HITECH Letter Directing Hospital Records to Patient Only (per Ciox) Buy Form

Exhibit 1D
- Sample Letter Declining to Take a Case Buy Form

Exhibit 1E
- Sample Client/Case Information Form Buy Form

Exhibit 1F
- Contingent Fee Agreement Buy Form

Exhibit 1G
- Application for Benefits—PIP Form Buy Form

Exhibit 1H
- Patient Authorization Form Buy Form

Exhibit 1I
- Employment Disability Form Buy Form

Exhibit 1J
- Wage and Salary Verification Form Buy Form

Exhibit 1K
- Request for Hospital Report Form Buy Form

Exhibit 1L
- Letter of Representation Buy Form

Chapter 2 expand

Ethical Issues for Personal Injury Lawyers
Buy Chapter
Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 2A
- Mass. R. Civ. P. 1.5(f), Form A Buy Form

Exhibit 2B
- Mass. R. Civ. P. 1.5(f), Form B Buy Form

Exhibit 2C
- Contingent Fee Letter Buy Form

Chapter 3 expand

The “Standard” Massachusetts Automobile Insurance Policy
Buy Chapter
Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC

Exhibit 3A
- AIB Massachusetts Automobile Insurance Policy (2016 Edition) Buy Form

Exhibit 3B
- Memorandum of Changes in the AIB Massachusetts Automobile Insurance Policy Buy Form

Exhibit 3C
- Massachusetts Division of Insurance Bulletin 2017-06 Buy Form

Chapter 4 expand

Dealing with Insurance Companies
Buy Chapter
Carroll D. Coletti, Esq., Lynch & Lynch, PC
Hon. Susan E. Sullivan, Superior Court, Commonwealth of Massachusetts

Checklist 4.1
- Checklist for Special Damages Buy Form

Checklist 4.2
- Checklist for General Damages Buy Form

Checklist 4.3
- Checklist for 93A Demand Letter Buy Form

Exhbit 4A
- Sample Letter of Representation to PIP Insurer Buy Form

Exhbit 4B
- Sample Letter of Representation to Liability Insurer Buy Form

Exhbit 4C
- Sample Written Demand for Disclosure of Policy Limits Buy Form

Exhbit 4D
- Sample Settlement Demand Letters Buy Form

Exhbit 4E
- Circular Letter to Claim Personnel: Medical Examination Buy Form

Exhbit 4F
- Sample Physician’s Examination Report Buy Form

Exhbit 4G
- Sample Written Demand for Relief Pursuant to G.L. c. 93A and G.L. c. 176D Buy Form

Exhbit 4H
- Sample Release of All Demands Form Buy Form

Exhbit 4I
- Sample Release and Settlement of Claim Form Buy Form

Exhbit 4J
- Settlement Letter to Client with Authorization to Settle Buy Form

Exhbit 4K
- Sample Minor’s Release and Indemnity Agreement Buy Form

Exhbit 4L
- Petition for Leave to Settle Pursuant to G.L. c. 152, § 15 Buy Form

Exhbit 4M
- Petition for Approval of Third-Party Settlement Buy Form

Exhbit 4N
- Sample Proof of Claim Form Buy Form

Chapter 5 expand

The Tripartite Relationship of Insureds, Insurers, and Defense Counsel— Three Views
Buy Chapter
Michael F. Aylward, Esq., Morrison Mahoney LLP
Amy Bratskeir, Esq., Brody, Hardoon, Perkins & Kesten LLP
Paul M. Moretti, Esq.,

Exhibit 5A
- Sample Reservation of Rights Letter Buy Form

Exhibit 5B
- Sample Nonwaiver Agreement Buy Form

Exhibit 5C
- Sample Complaint for Declaratory Judgment Buy Form

Exhibit 5D
- Sample Excess Judgment Letter Buy Form

Exhibit 5E
- MBA Ethics Opinion No. 1991-5 Buy Form

Exhibit 5F
- Preliminary Statement of Office of Bar Counsel Buy Form

Exhibit 5G
- Sample Letter Concerning Noninvolvement in Coverage Disputes Buy Form

Chapter 6 expand

Claims Against Governmental Defendants: Chapter 258 “Public Employers” and Other Public Bodies
Buy Chapter
Scott A. Spencer, Esq., MassDOT/MBTA Office of the General Counsel

Chapter 7 expand

Liquor Liability and Other Special Issues
Buy Chapter
Michael K. Gillis, Esq., Gillis & Bikofsky, PC

Checklist 7.1
- Questions for Toxicologist Buy Form

Exhibit 7A
- Complaint: Bar Buy Form

Exhibit 7B
- Complaint: Social Club Buy Form

Exhibit 7C
- Affidavit: Bar Buy Form

Exhibit 7D
- Affidavit: Social Club Buy Form

Exhibit 7E
- Chart of Blood Alcohol Content Comparison Buy Form

Exhibit 7F
- Tax Issues and Personal Injury Litigation Buy Form

Chapter 8 expand

Accident Reconstruction
Buy Chapter
Kerry Alvino,

Exhibit 8A
- Sample Scale Diagrams Buy Form

Exhibit 8B
- Sample Weather Records Buy Form

Exhibit 8C
- Sample Time and Distance Charts Buy Form

Exhibit 8D
- Aerial Maps with Scene Evidence Inserted Buy Form

Exhibit 8E
- 3D Computer Illustrations of Impacts Buy Form

Exhibit 8F
- Photographs of Tractor-Trailer Underride Accident Buy Form

Exhibit 8G
- Pedestrian Dynamics Illustration Buy Form

Exhibit 8H
- Sample Downloads of Vehicle Crash Data Buy Form

Chapter 9 expand

Medical Issues: MA Motor Vehicle Torts
Buy Chapter
Christopher G. Perillo, Esq., Murphy & Riley, PC
Kevin Michael Sullivan, Esq., Murphy & Riley, PC

Exhibit 9A
- Sample Client Instruction Letter Buy Form

Exhibit 9B
- Sample Medical Authorization Buy Form

Exhibit 9C
- Sample Medical Record Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9D
- Sample Medical Bill Certification (G.L. c. 233, § 79G) Buy Form

Exhibit 9E
- Sample Letter Requesting Narrative Report Buy Form

Exhibit 9F
- Composite Glossary of Common Medical Terms Buy Form

Exhibit 9G
- Estimates of Average Ranges of Motion Buy Form

Exhibit 9H
- Common Medical Symbols and Abbreviations Buy Form

Exhibit 9I
- Sample Orthopedist’s Report Buy Form

Exhibit 9J
- Sample Chiropractor’s Report Buy Form

Exhibit 9K
- Sample Neurologist’s Report Buy Form

Exhibit 9L
- Sample Neurosurgeon’s Report Buy Form

Exhibit 9M
- Sample Physical Therapist’s Report Buy Form

Exhibit 9N
- Sample Magnetic Resonance Imaging (MRI) Reports Buy Form

Exhibit 9O
- Sample CT Scan Reports Buy Form

Exhibit 9P
- Sample Myelogram Report Buy Form

Exhibit 9Q
- Sample EMG/Nerve Conduction Report Buy Form

Exhibit 9R
- Illustration of Spine Buy Form

Chapter 10 expand

Utilizing Experts in Litigation
Buy Chapter
Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Exhibit 10A
- Motion of Defendant to Compel Physical Examination Buy Form

Exhibit 10B
- Proposed Form of Order Buy Form

Chapter 11 expand

Damages: MA Motor Vehicle Torts
Buy Chapter
J. Michael Conley, Esq., Kenney & Conley, PC

Exhibit 11A
- Model Jury Instructions on Damages Buy Form

Exhibit 11B
- Letter of Intent to Offer Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11C
- Affidavit and Certificate Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 11D
- Request to Physician to Certify Bill, Report Buy Form

Exhibit 11E
- Sample Certified Medical Bill Buy Form

Exhibit 11F
- Request for Wage Verification and Authorization with Lost Wage Questionnaire Buy Form

Exhibit 11G
- Jury Instruction: Wrongful Death of Homemaker Buy Form

Exhibit 11H
- Outline for Deposition of Expert Medical Witness Buy Form

Exhibit 11I
- Request for Medical Narrative Buy Form

Exhibit 11J
- Sample Jury Instruction: Aggravation of Preexisting Injury Buy Form

Exhibit 11K
- Motion in Limine to Exclude Evidence of Prior Injuries Buy Form

Exhibit 11L
- Complaint for Wrongful Death Buy Form

Exhibit 11M
- Sample Jury Instruction: Failure of Plaintiff to Undergo Operation Buy Form

Exhibit 11N
- Notice of Hospital Lien Under G.L. c. 111, § 70B Buy Form

Chapter 12 expand

Plaintiff Files Suit
Buy Chapter
Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 12A
- Sample Complaint for Declaratory Judgment Buy Form

Exhibit 12B
- Sample Cover Sheet (Superior Court) Buy Form

Exhibit 12C
- Sample Cover Sheet (U.S. District Court) Buy Form

Exhibit 12D
- Sample Statement of Damages (District Court) Buy Form

Exhibit 12E
- Letter to Client After Suit Is Filed Buy Form

Exhibit 12F
- Sample Motion for Ex Parte Real Estate Attachment Buy Form

Exhibit 12G
- Sample Affidavit in Support of Ex Parte Attachment Buy Form

Exhibit 12H
- Sample Plaintiff’s Request for Documents Buy Form

Exhibit 12I
- Sample Notice of Taking Deposition (Rule 30) Buy Form

Exhibit 12J
- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy Form

Exhibit 12K
- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12L
- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 12M
- Plaintiff’s Motion for Defendant’s Criminal Record Buy Form

Exhibit 12N
- Plaintiff’s Request for Admission Buy Form

Chapter 13 expand

Defendant’s Response
Buy Chapter
Joseph A. Seckler, Esq., Morrison Mahoney LLP

Exhibit 13A
- Sample Acknowledgment Letter to Client Buy Form

Exhibit 13B
- Sample Tracking Order Buy Form

Exhibit 13C
- Sample Answer to Complaint Buy Form

Exhibit 13D
- Cross-Claim Buy Form

Exhibit 13E
- Third-Party Complaint Buy Form

Exhibit 13F
- Defendant’s Interrogatories to Plaintiff Buy Form

Exhibit 13G
- Defendant’s Interrogatories to Codefendant Buy Form

Exhibit 13H
- Request for Documents to Plaintiff Buy Form

Exhibit 13I
- HIPAA Authorization Buy Form

Exhibit 13J
- Authorization for Wage and Salary Information Buy Form

Exhibit 13K
- Request for Documents to Codefendant Buy Form

Exhibit 13L
- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy Form

Exhibit 13M
- Cover Letter to Court for Notice to Offer Medical Report Buy Form

Exhibit 13N
- Notice of Intention to Offer Medical Report Buy Form

Exhibit 13O
- Affidavit of Counsel Buy Form

Exhibit 13P
- Affidavit Pursuant to G.L. c. 233, § 79G Buy Form

Chapter 14 expand

Alternative Dispute Resolution
Buy Chapter
Owen P. McGowan, Esq., McGowan & Associates

Checklist 14.1
- Checklist of Factors to Consider in Selecting an Arbitrator Buy Form

Exhibit 14A
- Alternative Options for Resolving Civil Cases in the Superior Court During the COVID-19 Pandemic Buy Form

Exhibit 14B
- Mediation Agreement Buy Form

Exhibit 14C
- Commonwealth of Massachusetts Mediation Form Buy Form

Exhibit 14D
- Agreement for Binding Arbitration Buy Form

Chapter 15 expand

Plaintiff’s Perspective of Trial
Buy Chapter
Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 15A
- Notice to Appear for Final Pretrial Conference Buy Form

Exhibit 15B
- Joint Pretrial Memorandum Buy Form

Exhibit 15C
- Plaintiff’s Motion in Limine Regarding Use of Alcohol Buy Form

Exhibit 15D
- Plaintiff’s Motion in Limine Regarding Record of Criminal Convictions Buy Form

Exhibit 15E
- Confidential Juror Questionnaire Buy Form

Exhibit 15F
- Plaintiff’s Request for Voir Dire of the Jury Buy Form

Exhibit 15G
- Plaintiff’s Supplemental Request for Voir Dire Buy Form

Exhibit 15H
- Special Questions for the Jury Buy Form

Exhibit 15I
- Order for Entry of Dismissal Nisi (30-Day Order) Buy Form

Exhibit 15J
- Stipulation of Dismissal Buy Form

Exhibit 15K
- Agreement for Judgment and Request for Execution Buy Form

Chapter 16 expand

Defendant’s Perspective of Trial
Buy Chapter
Christopher G. Perillo, Esq., Murphy & Riley, PC
Kevin Michael Sullivan, Esq., Murphy & Riley, PC

Checklist 16.1
- Trial Preparation Checklist Buy Form

Exhibit 16A
- Defendant’s Motion in Limine Regarding Citation Buy Form

Exhibit 16B
- Defendant’s Proposed Jury Instructions Buy Form

Chapter 17 expand

Liens, Public Benefits, and Trusts
Buy Chapter
Heather M. Boutet, Esq., Parker | Scheer LLP
Christina T. Vidoli, Esq., Vidoli Couture, LLP

Checklist 17.1
- Options to Be Considered When Dealing with a Personal Injury Settlement or Judgement Buy Form

Exhibit 17A
- Sample (d)(4)(A) or Under-65 Disability Trust Buy Form

Chapter 18 expand

Protecting the Settlement Proceeds for Your Client
Buy Chapter
Neal A. Winston, Esq., Mulvena Winston, PC

Checklist 18.1
- Settlement Planning Tips for the Personal Injury Attorney Buy Form

Chapter 19 expand

An Introduction to Interstate Trucking Litigation in Massachusetts
Buy Chapter
Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Checklist 19.1
- Checklist of Physical Qualifications for Driving a Commercial Motor Vehicle Buy Form

Exhibit 19A
- Minimum Levels of Financial Responsibility for Property Motor Carriers Under 49 C.F.R. § 387.9 Buy Form

Exhibit 19B
- Sample Spoliation Letter Buy Form

Exhibit 19C
- Motion for Inspection and for an Order Preserving Evidence Buy Form

Exhibit 19D
- Interstate Trucking/Wrongful Death Complaint Buy Form

Exhibit 19E
- Plaintiff’s Interrogatories to Truck Driver Buy Form

Exhibit 19F
- Request for Documents to Truck Driver Buy Form

Exhibit 19G
- Interrogatories to Trucking Company Buy Form

Exhibit 19H
- Plaintiff’s Request for Documents to Trucking Company Buy Form
Editors & Authors

Editor(s)

Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC, Newton

Author(s)

Kerry Alvino,

Michael F. Aylward, Esq., Morrison Mahoney LLP, Boston

Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Philip N. Beauregard, Esq., Beauregard, Burke & Franco, New Bedford

Jeffrey A. Bloom, Esq., Margolis Bloom & D'Agostino LLP, Wellesley Hills

Heather M. Boutet, Esq., Parker | Scheer LLP, Boston

Amy Bratskeir, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco, New Bedford

Carroll D. Coletti, Esq., Lynch & Lynch, PC, South Easton

J. Michael Conley, Esq., Kenney & Conley, PC, Braintree

Norman J. Fine, Esq., Law Offices of Norman J. Fine, PC, Newton

Michael Franco, Esq., Beauregard, Burke & Franco, New Bedford

Michael K. Gillis, Esq., Gillis & Bikofsky, PC, Newton

Carol A. Kelly, Esq., CRICO/Risk Management Foundation, Boston

Owen P. McGowan, Esq., McGowan & Associates, Norwell

Paul M. Moretti, Esq.,

Christopher G. Perillo, Esq., Murphy & Riley, PC, Boston

Joseph A. Seckler, Esq., Morrison Mahoney LLP, Worcester

Scott A. Spencer, Esq., MassDOT/MBTA Office of the General Counsel, Boston

Kevin Michael Sullivan, Esq., Murphy & Riley, PC, Boston

Hon. Susan E. Sullivan, Superior Court, Commonwealth of Massachusetts, Boston

Christina T. Vidoli, Esq., Vidoli Couture, LLP, Somerville

Neal A. Winston, Esq., Mulvena Winston, PC, Stoneham

Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

TOP

Massachusetts Motor Vehicle Torts: Liability and Litigation

A trusted roadmap to key topics in motor vehicle torts

Massachusetts Motor Vehicle Torts: Liability and Litigation

A trusted roadmap to key topics in motor vehicle torts

Choose Format:

Product Description

Recent updates:

Table of Contents

Preliminary Steps in Representing a Client

Checklist 1.1

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 1D

Exhibit 1E

Exhibit 1F

Exhibit 1G

Exhibit 1H

Exhibit 1I

Exhibit 1J

Exhibit 1K

Exhibit 1L

Ethical Issues for Personal Injury Lawyers

Exhibit 2A

Exhibit 2B

Exhibit 2C

The “Standard” Massachusetts Automobile Insurance Policy

Exhibit 3A

Exhibit 3B

Exhibit 3C

Dealing with Insurance Companies

Checklist 4.1

Checklist 4.2

Checklist 4.3

Exhbit 4A

Exhbit 4B

Exhbit 4C

Exhbit 4D

Exhbit 4E

Exhbit 4F

Exhbit 4G

Exhbit 4H

Exhbit 4I

Exhbit 4J

Exhbit 4K

Exhbit 4L

Exhbit 4M

Exhbit 4N

The Tripartite Relationship of Insureds, Insurers, and Defense Counsel— Three Views

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Claims Against Governmental Defendants: Chapter 258 “Public Employers” and Other Public Bodies

Liquor Liability and Other Special Issues

Checklist 7.1

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Accident Reconstruction

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Exhibit 8E

Exhibit 8F

Exhibit 8G

Exhibit 8H

Medical Issues: MA Motor Vehicle Torts

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E