Personal Injury

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About The Law
Blog by Arthur F. Licata
All Things In Moderation:
The Serving of Alcohol By Bars In The City Of Boston

The Lawsuit Discovery Conumdrum
What happens when the parties to a lawsuit refuse to follow the rules?

Jurors: What Are They Thinking and What AreThey Doing?
Jurors, and Social Media: When jurors base their verdict on information outside the facts offered as evidence at trial.

Who’s In Charge?
Alcohol Liabilty At Concert and Stadium Events

What’s Going On In A Trial?
How does it begin? What are the steps that lead to the selection of a jury? Who participates? What are the criteria for arriving at a decision?

“Reply To All”: Use At Your Own Risk
Did you ever hit “reply to all” when you meant to hit only “reply.”?

How Do You Define The Word Merge?
When two roadways angle toward each other in the same direction the drivers are urged by traffic signs to “merge”. What is meant by this instruction?

Boston Law Firms Reported Cases

Some of this Boston Law Firms most recognized Cases

Bilodeau v. Lumbermens Mutual Casualty Co., 392 Mass. 537

This was a case of first impression before the Supreme Judicial Court of Massachusetts and a landmark case throughout the U.S. The SJC decided that under a car insurance policy providing "per person" coverage and "per accident" coverage, an insurer that had exhausted its "per person" liability to a person with bodily injury was also obligated to make additional payments pursuant its "per accident" coverage for the nonphysical injuries suffered by a spouse or children. The nonphysical injuries are called loss of consortium; it means the loss of the love, care, affection, society, and companionship that the spouse and children suffer due to the physical injuries of the person injured in a car accident.

This was the first time a court held that loss of consortium injuries were independently covered by a car insurance liability policy.

Liberty Mutual Insurance Co. v. Comm'r of Insurance, 395 Mass. 765

This was a pro bono case in which I represented Mothers Against Drunk Driving, Inc. (MADD) as an additional plaintiff in the litigation. MADD challenged the power of the Commissioner of Insurance to unilaterally change the language of car insurance liability policies in Massachusetts. The Commissioner's actions nullified the "Bilodeau" ruling above that held car insurance policies cover loss of consortium damages as separate and distinct injuries for spouses and children.

Tobin v. Norwood Country Club, Inc., 422 Mass. 126

This was a case of first impression in Massachusetts and a landmark case throughout the U.S. The Supreme Judicial Court held that bars and restaurants may be held liable for alcohol-related accidents stemming from underage drinking when alcohol is supplied to minors by intermediaries who are adults. It was the first time in which a court held that a bar or restaurant was liable for a minor's intoxication when the minor was not the direct purchaser of the alcohol. The minor had been supplied the drinks by an adult who had bought the drinks on the premises. The court stated that "the club's knowledge is measured by the cumulative knowledge of its employees."

The Boston, Massachusetts Personal Injury Law firm of Arthur F. Licata, P.C. handles Boston Law Firms Reported Cases for clients throughout Massachusetts including Suffolk County, Norfolk County, Plymouth County, Middlesex County, Worcester County, and Essex County, and cities such as Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy. Mr. Licata is also admitted to practice in the state of New York. He routinely takes cases by referral from other attorneys located throughout the New England region and the United States.

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