Justia Injury Law Opinion Summaries

Paul Gagnon was helping his neighbor, Keith Anthony, to fell a rotted tree at Anthony’s residence when the tree “exploded,” causing Gagnon to sustain several injuries. Gagnon filed a complaint against Anthony, alleging negligence. After a trial, the jury found that both Anthony and Gagnon were negligent and that Gagnon was at least as negligent as Anthony in causing his injuries. Gagnon’s Estate appealed. The Supreme Court affirmed, holding (1) there was sufficient credible evidence to support the jury’s finding that Gagnon was at least as negligent as Anthony; and (2) the court did not abuse its discretion in denying the Estate’s motion for a new trial. View "Estate of Gagnon v. Anthony" on Justia Law

Wife was a passenger on a motorcycle operated by Husband when she was injured in an accident. At the time, Wife and Husband were named insureds on a motorcycle insurance policy from Insurer. Wife filed a complaint against Husband alleging negligence in connection with the accident. A jury found Husband negligent and awarded Wife $50,000 in damages. Husband moved to amend the judgment to obtain a credit for the amount in prejudgment payments that the Insurer had made to Wife. The superior court granted Husband’s motion to amend the judgment. Wife appealed, arguing that the court erred in interpreting Me. Rev. Stat. 24-A, 2426 to allow Husband a credit against the judgment for the medical payments maximum coverage of what Insurer had already paid to Wife’s medical providers before this action was commenced. The Supreme Judicial Court vacated the order amending judgment, as the court did not determine whether the payments Insurer paid Wife’s medical providers were medical or liability payments. Remanded for a factual determination of the type of prepayments Insurer made, whether liability payments pursuant to Husband’s policy, medical payments pursuant to Wife’s policy, or some other type of payment. View "Wood v. Wood" on Justia Law