Boston Accident Injury Lawyer Blog

Boston Massachusetts Personal Injury Attorney, Keith L. Miller, reviews a recent Supreme Judicial Court case involving an injured police officer:

A Massachusetts police officer who suffered serious personal injuries, while responding to a motor vehicle/pedestrian accident, cannot recover from the hospital, which treated and released the pedestrian just prior to the accident, says the Massachusetts Supreme Judicial Court.

In November, 2004, the Brockton, Massachusetts police officer, was responding to a car accident involving a pedestrian, While driving to the accident scene, the officer's police cruiser was struck by another vehicle resulting in serious and permanent injuries to the officer. He was responding to an accident in which an individual just released from Brockton Hospital had been struck and killed by a motor vehicle.

The patient had undergone a colonoscopy at the hospital earlier in the day and had been given Demerol and Versed, both narcotic sedatives. The hospital had a written policy, which prevented patients who had been given narcotics from being discharged without an escort. This patient left the hospital with no escort.

The Plaintiff police officer had alleged that the hospital was negligent and had a duty of care to protect third parties from harm caused by its "impaired" patients. The officer claimed that the hospital had a special medical relationship with its patient prior to him leaving the premises, which created a duty to control the patient's conduct in order to protect against harm the patient might cause to others, even after the patient had been discharged.

Continue reading "Brockton, Massachusetts Police Officer Cannot Recover from Hospital for Personal Injuries " »

A closer look at the Millennium Bank Ponzi Scheme: Boston trial lawyer, Keith L. Miller, takes a look at the facts involving Caribbean based Millenium Bank, which operated out of offices in Napa, California until closed by the SEC in March, 2009.

 

William J. Wise had a problem. In late 2003, his fledgling bank in tiny St. Vincent and Grenadines (SVG) was not generating sufficient income from investor deposits to support either the bank's overhead or his own extravagant personal lifestyle. The island's banking regulators had moved to suspend Millennium's license to operate, and Wise was scrambling.

After filing an appeal of the bank's suspension order, Wise appears to have struck a deal with the SVG banking authority, which gave the bank new life. The bank would re-capitalize and an outside controller would be put in place to oversee the Millennium's operations. Many believe that the SVG banking authority made the deal only after Mr. Wise had made donations, some of it cash, to select members of the ruling party on the island.

At this point Wise needed a new strategy. And indeed it appears he came up with a new "business plan". SVG would remain the titular base of the bank's operations, but banking activity, and in particular the movement of money would go elsewhere, avoiding the watchful eye of the controller and the SVG authorities. Wise would move operations to Napa, California, and create fictitious Limited Liability Companies (LLC's) in Las Vegas, Nevada, based loosely on Millennium's purported Swiss parent, United Trust of Switzerland, in order to open bank accounts there. 

To promote new business, he would combine an aggressive internet and print advertising campaign with an irresistible banking product, "safe" high interest Certificates of Deposit ("CDs"), which no American bank could match or even approach.

The Millennium line of CD products could easily be found on a newly created interactive website, whose sponsored links began to regularly and prominently appear on popular search engines such as Google and Yahoo. Potential customers would type in keywords seeking "high interest CDs", and Millennium's three line ad would appear with a link to the bank website.

 Toll free numbers were provided on the Website, which directed calls to the Napa offices, and apparently the calls started coming in. Reluctant callers were referred to several U.S. based Milllennium Bank representatives, whose job was to reassure these potential investors and close new business, earning commissions on the gross amount of the monies deposited. These "finders" were authorized and instructed to develop personal relationships with clients, often traveling to have face to face meetings. Customers were assured that their money was safe, as the representatives advertised that they too were investors.

Continue reading "Millennium Bank Ponzi Scheme: "Show me the Money, Willie"" »

Massachusettts Personal Injury Attorney, Keith L. Miller, reviews and analyzes a recent U.S. First Circuit Court of Appeals decision. This is the second part of a two part blogpost, involving the denial of an employee long term disability claim, where the insurer both reviewed and paid claims, allegedly giving rise to a conflict of interest. The First Part reviewed facts leading up the to the employee's application for long term disability insurance, which the insurer rejected, and resulted in an action in Federal District Court.

_______________________________________________________________________________________

In June of 2002, the plaintiff employee in this case filed for long-term benefits. She would qualify as disabled under the long-term plan if, for two consecutive years, she was unable to perform the material and substantial duties of her occupation, and subsequently was unable to perform "the material and substantial duties of any occupation". The same Liberty nurse who had denied her earlier claim, also reviewed this file, which contained medical support for a finding that the plaintiff's symptoms had become worse. She had also completed an activities questionnaire in which she claimed to have severe restrictions on her ability to sit, stand, walk, drive, and concentrate.

In her second review, the Liberty Mutual nurse discounted the IME report, suggested that the plaintiff's condition was not as grave as the completed questionnaire implied, concluded that the plaintiff did not qualify for benefits and Liberty denied the claim. The plaintiff requested further review. Liberty responded by hiring a private investigator to observe the plaintiff's activities. The investigator produced reports and photographs showing that the plaintiff was active.

With this information, Liberty then utilized a referral service furnishing physicians to evaluate the functional abilities of claimants. One of its physicians concluded that the plaintiff was capable of working full-time in her primarily sedentary position. On December 10, 2002, Liberty reaffirmed its earlier denial of benefits.

Fourteen months later, an administrative law judge ruled the plaintiff was entitled to social security disability benefits retroactive to her last day of actual work. The judge premised this decision on a subsidiary finding that the plaintiff was disabled within the meaning of the Social Security Act. Although the definition of disability under the Act differed from the definition of disability under the Liberty's plan, the plaintiff forwarded the SSDI ruling to Liberty, along with a further report from her rheumatologist, seeking reconsideration of the denial.

Liberty refused to reverse its decision, which resulted in the district court action. The U.S. District Court granted summary judgement to Liberty, deciding that Liberty had not abused its discretion in denying the claim. On initial appeal, the Appeals Court affirmed, but then the United States Supreme Court made a ruling, which changed the substantive law in the area and resulted in a successful request for rehearing of this case.

In rehearing the case, the Court analyzed the Supreme Court's decision in  Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343 (2008). There, the Supreme Court had reviewed a denial of benefits by an administrator that passed judgment upon and paid claims under an ERISA-regulated plan.  It concluded that courts should recognize that a conflict exists whenever a plan administrator, whether an employer or an insurer, is in the position of both adjudicating claims and paying awarded benefits.

Continue reading "Conflict of Interest Evident when Disability Insurer Both Reviews and Pays Claim for Benefits Says First Circuit Court of Appeals" »

This is the first of a two part Blogpost, where Massachusettts Personal Injury Attorney, Keith L. Miller, reviews and analyzes a recent First Circuit U.S. Court of Appeals decision. The case involves an employee disability claim and issues pertaining to a perceived conflict of interest.

In this case, the U.S. First Circuit Court of Appeals remanded a case to the District Court, where an employee challenged the denial of her request for long-term disability benefits. The Plaintiff alleged that the employer's insurer, who denied her benefits, both reviewed and decided on her eligibility and was responsible for the payments, which was a conflict of interest. She also alleged that a physician referral service the insurer utilized was biased, given it generated large revenues from its reviews, and usually recommended in favor of the employer.

The Court justified the remand, based on a recent decision of the United States Supreme Court in Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343 (2008). The Supreme Court had previously reviewed a denial of benefits by an administrator that passed judgment upon and paid claims under an ERISA-regulated plan.  It concluded that courts should recognize that a conflict exists whenever a plan administrator, whether an employer or an insurer, is in the position of both adjudicating claims and paying awarded benefits.

In this case, in 1996 a primary care physician had diagnosed the plaintiff employee as suffering from fibromyalgia, which is a disorder involving muscle and connective tissue pain. Patients note heightened and painful response to gentle touch, as well as debilitating fatigue, sleep disturbance, and joint stiffness. The plaintiff was a group leader employed by GenRad, Inc. In spite of the diagnosis, she continued to work. At the time she was covered under a short-term and a long-term disability insurance plan supplied by Defendant, Liberty Life Assurance Company (Liberty), who also administered both plans.

Continue reading "Boston Personal Injury Attorney Reviews Federal Decision Acknowledging Conflict of Interest when Disability Insurer Reviews Request and Also Pays Employee Benefits" »

Boston commercial and personal injury trial Lawyer, Keith L. Miller, takes a look at Caribbean based Millenium Bank, the latest banking Ponzi Scheme to have bilked U.S. and other investors seeking big returns on their investment monies.

On March 27, 2009, St. Vincent and the Grenadines (SVG), by its International Financial Service Authority (IFSA), appointed KPMG-International to assume control over the affairs of Millennium Bank ("Millennium") in order "to preserve records and assets". The IFSA was acting on information obtained from the U.S. Securities and Exchange Commission (SEC), after the SEC had issued a civil complaint against Millennium Bank, a number of affiliates and individual participants, including William J. Wise, Kristi Hoegel and Jackie Hoegel.

This, however, was not the first time that the IFSA had taken action gainst Millennium. In fact, in 2004, the IFSA had legally moved to revoke Millennium's license, a decision the SVG government later reversed, allegedly after the prime minister of SVA intervened on its behalf. Court documents indicate that William Wise, representing himself as a duly licensed Canadian legal counsel appealed the suspension, and ultimately prevailed.

This is when things ostensibly turned for the better for the once fledgling offshore bank. Undertaking an aggressive international marketing campaign led by Wise, deposits grew dramatically based on the promise of high interest CDs, rates which no U.S. bank could even come close to matching. It appears that the plan was successful as deposits grew in dramatic fashion.

Unfortunately for investors, who believed they were buying legitimate certificate of deposits in exchange for their cash, it appears that the bulk of the funds were being diverted to accounts held by Wise, principally at Washington Mutual Bank in Las Vegas, Nevada, and used for the personal needs and extravagances of these individuals.

Continue reading "Millennium Bank Scam: William Wise successfully reversed the St. Vincent and Grenadine Banking Authority's attempt to revoke its License in 2004" »

Boston commercial and personal injury trial Lawyer, Keith L. Miller, takes a look at Caribbean based Millenium Bank, the latest banking Ponzi Scheme to have bilked U.S. and other investors seeking big returns on their investment monies.

On March 25, 2009 the United States Securities Exchange Commission commenced a civil action in United States District Court in Northern Texas against the The Millennium Bank, and it principals, alleging violations of the securities laws of the U.S. According to most recent information from  the SEC, it appears that there are now over 1000 investors who placed at in excess of  $100 million dollars in the bank and its affiliates, hoping to secure high interest rate CDs, rates at two to three times that of the highest rates available in the U.S.

Information is now emerging that Millennium nurtured customers with an internet marketing plan targeted at individuals shopping for the best returns on term Certificates of Deposit. One was www.Bankrate.com, which is a website widely used by investors to determine the prevailing rates for investment and mortgage products in the U.S. Millennium regularly ran banner ads on this site. Victims also report that google "sponsored ads" regularly appeared when the Google seach engine was employed in searches for "high interest CDs"

According to the SEC complaint, Millennium Bank also ran advertisements of its high-yield no-risk CDs in print magazines and their Internet counterparts, including The Wealth Collection, Wealth Management Agenda and Haute Living. For instance, Millennium ran a promotional article in the March 2008 edition of The Wealth Collection, a bi-annual magazine that touts the latest in "luxury lifestyle trends, investment opportunities and wealth management".

Continue reading "Millennium Bank Fraud: Perpetrators Aggressively Used Internet and Print Media to Advertise High Interest CDs: Should publishers have known something was amiss?" »

Boston Personal Injury Lawyer, Keith L. Miller, analyzes a recent Appeals Court decision pertaining to double penalties under the Worken's Compensation Act.

The case involves a store employee who suffered serious personal injuries after falling through a trap door in the floor of a floral shop, the Massachusetts Appeals Court has reversed a decision by the Department of Industrial Accidents reviewing board that awarded an employee double compensation (under Mass. G.L. c. 152, § 28), finding that the employee's injury was due to the serious and wilful misconduct of the employer. The Appeals Court determined that the record did not support a finding that the employer's conduct rose to the level of a wanton and reckless disregard for safety.

The employee was working at a floral shop on Valentines day in 1991 when she fell into a trap-door floor opening, which covered a set of stairs leading down to the cellar. She fell into the hole sustaining serious personal injuries. The floor door measured approximately eight feet by three feet, and qualified as a "floor opening", which made it subject to the state and federal regulations, and certain mandatory safeguards.

The employer was not aware of the regulations, and instead relied on its own warning system of orange safety cones and chains to warn and protect the employees. However, the system was only used sporadically, and was not in place on the day of the accident. There was also some evidence that there may have been insufficient floor space in the area of the trap door due to the placement of a table for completed work orders. There was also evidence that because it was Valentine's day, the work pace in the store was much heavier than normal.

Continue reading "Employee's Personal Injuries After Fall through Open Trap Door in Floral Shop does not Warrant Double Compensation, Says Appeals Court " »

Boston commercial and personal injury trial Lawyer, Keith L. Miller, takes a look at Caribbean based Millenium Bank, the latest banking Ponzi Scheme to have bilked U.S. and other investors seeking big returns on their investment monies.

The Millenium Bank and United Bank of Switzerland have been marketing and offering highly attractive CD rates for several years now, advertising in glossy high end magazines as well as online, and it now appears that those interest rates that seemed too good to be true indeed were.

On March 25, 2009 the Securities Exchange Commission commenced a an emergency action in the United States District Court for the Northern District of Texas seeking to enjoin Millenium and its affiliates from carrying on any future business and taking steps to recover assets of the companies and the principals who ran them, who were located in California and North Carolina.

The SEC Complaint alleges that Defendants William J. Wise, 58, of Raleigh, North Carolina and the Caribbean, and Kristi M. Hoegel, 34, of Napa, California, orchestrated the scheme through companies they control, including co-defendants Millennium Bank of St. Vincent and the Grenadines, its Geneva, Switzerland-based parent, United Trust of Switzerland S.A., and its U.S.-based affiliates, UT of S, LLC and Millennium Financial Group.

Continue reading "Millennium Bank Ponzi Scheme - Offshore High Interest CD's seemed too Good to be True and Were, Says SEC " »

Boston Accident Lawyer, Keith L. Miller, is investigating potential claims on behalf of individuals who were victims of the Bernard Madoff Ponzi scheme. Those who had direct investments in Bernard L. Madoff Securities, LLC are limited to the remedies offered in the bankruptcy proceeding now pending in New York. Claims for reimbursement of monies actually invested in the fund up to $500,000 can be recovered through the Securities Investment Protection Corporation ("SIPC"). However, there is an absolute filing deadline of July 2, 2009. 

For those who did not invest directly with Madoff, there may be other potential remedies and sources of recovery available. Civil actions have been commenced against so called "feeder funds", who filtered investment to Madoff in exchange for lucrative management fees. Such suits are now pending in state court in Connecticut, Florida, California and Arizona. The list of Defendants includes Tremont Capital Management, Inc., Fairfield Greenwich Group and Boston based Cohmad. Securities Corporation. The principals of these feeder funds have been sued as well and efforts are being made to tie up assets in the event of an eventual recovery.

 

In essence, the suits allege that these hedge funds failed to perform any meaningful investigation, due diligence or oversight of the Madoff fund, which reported consistent double digit gains year after year, notwithstanding questions about the trading strategies allegedly employed or the fact that Madoff enforced a veil of secrecy over his actual trading activity. In fact, it appears that there was no such strategy whatsoever.

 

The accounting firms who perform regular audits of these feeder funds have not been spared, having also been named as defendants in these civil actions. It appears that this is just the beginning and the dragnet will widen in an attempt to uncover insurance monies, which might be available to aid in the recovery of the millions in lost investments.

Several states have also joined in, filing administrative or other proceedings on behalf of defrauded citizens. In particular, the Massahusetts Secretary of State has filed administrative proceedings against Cohmad Securities and Fairfield Greenwich Group, its principals and affiliates. The attorney general of New York has also filed an action against J. Ezra Merkin and his Ascot Funds, alleging that he also clandestinely invested client funds with Madoff, while purporting to be trading on their behalf himself.

Continue reading "Boston Attorney Investigates Potential Actions on Behalf of Madoff Victims" »

(This Boston Accident and Injury Lawyer Blogpost is the Last in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One and Click Here to view Part Two)

PART THREE : THE COURT RULES ON THE DEFAMATORY BROADCAST

As stated previously, under Maine common law, a plaintiff alleging defamation must show a false and defamatory statement published without privilege to a third party resulting in harm to the plaintiff.

In the lower court proceeding, the defendants had contended that the various statements made on the show and attributed to Levesque either were not defamatory or, because Levesque had stipulated that he was a public official, it could not be shown that they were made with actual malice. The district court held that the statements were protected on multiple grounds. It found the "hate crime" comments substantially true and mention of the "anti-ham response plan" protected as "rhetorical hyperbole".

However, the lower court determined that the ham sandwich and the "ham is not a toy" comments were materially false, reasonably susceptible of a defamatory meaning, and highly offensive. Yet the court believed that Levesque had failed to demonstrate that the defendants had acted with constitutional malice when they made the defamatory comments.

The Court of Appeals agreed, finding that most, but not all of the statements attributed to the Plaintiff were largely true, although laced with "imaginative expression" or "rhetorical hyperbole", which it concluded were protected speech.

Continue reading "No Recovery for Personal Injuries where Court Sees Defamation but No Malice" »

(This BlogPost written by Boston Personal Injury Attorney, Keith L. Miller, is the Second in a Three Part Analysis of a Recent U.S. Appeals Court Ruling involving defamation, public officials and the news media Click here to view Part One)

PART TWO - FOX & FRIENDS READS AND REACTS

On April 24, a line producer for "Fox & Friends" discovered the Plagman article. The Fox News Research Department read the Plagman article and conducted further research, and discovered additional information, including the original Lewiston Sun Journal story. The Plagman articles and other research materials were delivered to the show's Doocy and Kilmeade. Doocy used Google News to conduct additional research, also found the Plagman article and Sun Journal stories, and decided to use the story as part of its show.

During the three-hour show, Doocy and Kilmeade repeatedly raised the April 11 incident, ridiculed Levesque, and blamed him for the handling of the incident. They reported as true several of the fabricated quotations that Plagman attributed to Levesque including the fact that the student had placed a ham sandwich on the table, the "ham is not a toy" statement and also attributed to Levesque a false statement comparing the incident to Mogadishu. Throughout the show, Doocy and Kilmeade repeated these falsified quotations.

After the April 11 incident, Levesque had received derogatory and threatening emails and phone calls from persons who learned about the incident and the student's suspension. Of seventy-five emails submitted to the district court, sixty-nine were written after the "Fox & Friends" cablecast. As the result of these incidents, he elected to bring an action for defamation.

Continue reading ""Negligent" vs. "Malicious" Reporting: When is the Line Crossed? Boston Injury Lawyer Discusses Issue" »

(This Blogpost is the First in a Three Part Series by Boston Injury Lawyer, Keith L. Miller, who analyzes an interesting recent U.S. First Circuit Court of Appeals Ruling involving defamation, public officials and the news media. Click Here to view Part Two)

PART ONE - THE SCHOOL HATE CRIME INCIDENT MAKES LOCAL NEWS  

The U.S. District Court of Massachusetts has affirmed a lower Court's summary judgment ruling that Fox News Network, LLC ("Fox"), and "Fox and Friends" television personalities, Steve Doocy and Brian Kilmeade, did not defame the Superintendent of the Lewiston, Maine public schools during a morning show, which ran in April, 2007.

The story involves an incident, which took place on April 11, 2007, when a student at the Lewiston Middle School placed a bag containing leftover ham on the cafeteria table where Somali Muslim students were sitting for lunch. The Somali students reported the incident, which resulted in an investigation and suspension of the offending students. The incident was classified as a "Hate Crime/Bias" in the school's computer system, and a police report was filed characterizing the incident as "Crime: Harassment/Hate Bias."

The Plaintiff, Leon Levesque, was the superintendent of the Lewiston School System. He was informed of the suspension and endorsed the decision. The following week, a reporter for the Lewiston Sun Journal, interviewed Levesque for an article she intended to write about the incident, which was published on April 19, 2007. The article included quotations from Levesque, describing the offending student's conduct as "a hate incident".
 

Continue reading "Boston Accident Attorney Discusses Case involving Alleged Defamation by "Fox & Friends" Hosts" »

This Blogpost by Boston Personal Injury and Accident Laywer, Keith L. Miller, anaylzes a battle between insurers over costs of construction accident.

Following a construction site accident where an insurer of a subcontractor refused to defend the general contractor, who then successfully filed a declaratory action to force the subcontractor's insurer to share in the defense and settlement costs of the action, the Massachusetts Supreme Judicial Court has refused to permit the general's insurer to recover the attorney's fees incurred in successfully bringing its declaratory judgment action.
 
In January of 2001 a worker fell and suffered injuries while employed on a project in Uxbridge, Massachusetts. A year later he brought a negligence action against the general contractor and another subcontractor on the project. The general contractor was insured under a general liability insurance policy with Zurich American Insurance Company (Zurich). The subcontractor also had a policy issued by Worcester Insurance Company (Worcester), and was required by contract to list the general as an additional insured.

Upon filing of the complaint, the general called upon the subcontractor and Worcester to defend. They refused and Zurich defended. Zurich also brought a declaratory judgment action in the general's name, seeking indemnification from the subcontractor and Worcester for their refusal to defend. Ultimately, the negligence case settled, with the general contributing $75,000 to the settlement.

The general contractor prevailed in the declaratory judgment action and Worcester was ordered to pay one half of both the settlement amount and the costs of defending the negligence action. However, the general contractor also sought an award of the attorney's fees incurred to file and prevail in the declaratory judgment action, even though it was evident that it was Zurich who had paid the fees. The Superior Court judge denied the request and the general contractor appealed.

The SJC affirmed and discussed at length its reasoning. Massachusetts generally follows the customary approach to the award of attorney's fees in civil litigation, known as the "American Rule". In the absence of some statute or other rule, successful litigants must nonetheless pay their own attorney's fees and expenses.

Continue reading "Personal Injury Insurer for Construction Accident Victim Cannot Recover Attorney's Fees for Winning Declaratory Judgment Action" »

(This is the second post of a blog, from Boston Personal Injury Lawyer, Keith L. Miller, which considers protections afforded under a Massachusetts statute intended to protect non-profit entities from liability from accidental personal injury)

PART TWO - GL C. 231, S. 85V CONSIDERED 

General Laws c. 231, § 85V limits the liability of non profit sports programs to third parties for accidents and injuries arising from the conduct of such programs. However, the limit on liability is not absolute. Specifically, liability can arise for conduct relating to the care and maintenance of real estate which the association uses in connection with a sports program or related activity (G.L. c. 231, § 85V(iii)).

The Plaintiff articulated two reasons why the immunity provided by the statute should not apply to his facts. First, he contended that the statute did not apply because he was neither a participant, nor a spectator at an organized game or practice at the time of the accident. The Court rejected this theory on the basis that the immunity was not controlled by the status of the individual who was injured, but rather on the question of what was the status of the organization. If the injury arose from the conduct of the sports program, the immunity applied. Here, the placement of the goal posts on the field was irrefutably a part of the conduct of its soccer program.

The Plaintiff also contended that the real estate exception in the statute imposed liability on the association. He argued that the associations were negligent in their care and maintenance of Haskell Field by permitting improperly secured goal posts to be present on the property, and that this dangerous condition caused him serious harm. The Court rejected this argument, and an analysis that followed the common law duty of landowners to invitees with regard to unnatural and dangerous conditions on the premises.

Continue reading "No Insurance for Accidental Personal Injury Under Massachusetts Statute Protecting Non-Profit Soccer Club" »

This is the first of a two part Blogpost,which looks at a Boston area personal injury case where the insurer avoided payment for an accident involving a youth soccer player injured by a goal post.

PART ONE- THE UNDERLYING FACTS

In this recent appellate decision, a participant in a Sudbury youth soccer program who suffered a personal injury as the result of an accident in which a metal goal post flipped over onto him during a team practice cannot sue for any alleged negligence arising from the improper placement of the posts. The Massachusetts Supreme Judicial Court affirmed a Superior Court decision that a Massachusetts Statute, G.L. c. 231, s. 85V, protected the non-profit association from such suits. 

The Plaintiff was a twelve year old who in April, 1998, was a participant in a program run by the Sudbury Youth Soccer Association, Inc. His team practiced and played games on a field in Sudbury, Massachusetts. The association had acquired metal goal posts and nets that were used for both practices and organized matches. Welch was injured when a goal post flipped over, striking and fracturing his right leg.
 
The Plaintiff filed an action against the Sudbury association in 2006, alleging it had negligently failed to maintain the goal posts in a safe and secure condition, and to warn him of the danger that existed if the goal posts were not properly anchored to the ground. Welch further alleged that he was seriously injured as a result of the association's careless and negligent conduct.

Continue reading "Personal Injury Caused to Boston Area Youth Soccer Player Not Covered by Insurance says Massachusetts Supreme Judicial Court " »