Full Case Name:
Mary Mohan v. New England Truck Stop |
Court:
Worcester Superior Court |
Case Number: |
Judge/Mediator/Arbitrator:
Jury — Settled prior to closing arguments. |
Significant Legal
Issues or Holdings:
Suit against local truck stop for negligence in allowing
snow and ice from parking lot to be tracked out onto
the adjacent highway on the tires of trucks exiting
from the truck stop lot. The defense claimed that the
snow and ice had blown onto the highway from an open
field located across the street and that the patch
of ice which caused the accident was actually located
well beyond the truck stop. After the accident, it
was reported in a local newspaper, "because of
an open field, snow blows across the highway, hiding
traffic lines and causing slippery driving conditions." The
defense identified an accident reconstruction expert
who was prepared to testify that based on the curve
of the road and the location of the cars after the
accident, the skid did not begin until the plaintiff's
car was beyond the entrance to the truck stop. The
expert testimony was excluded by the trial judge after
the plaintiff filed a motion in limine because the
defendant failed to disclose the identity of the expert
prior to trial. |
Plaintiff Characteristics: age,
work history, earnings, family, etc.
Plaintiff was 17 at the time of the accident. |
Liability Facts:
The plaintiff, a passenger in car A, was traveling
west on Route 20 in Sturbridge. The defendant, the
driver of car B, was traveling east on Route 20. The
defendant testified that he hit a patch of ice and
snow causing his car to skid across the centerline
striking car A head on. After collecting the available
insurance from the driver of car B, the plaintiff proceeded
against the defendant — New England Truck Stop,
a busy truck stop on Route 20. The plaintiff alleged
that the New England Truck Stop had created a nuisance
by allowing snow to be tracked out onto Route 20 on
the tires of trucks exiting the truck stop's parking
lot. |
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Describe Physical
Injuries by Plaintiff:
Traumatic head injury/fractured ankle. |
Describe Special
Damages by Plaintiff: |
Plaintiff Experts & Specialty
(Name/Address/Phone) |
Defense Experts & Specialty
(Name/Address/Phone) |
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Comments: (Please
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As submitting
plaintiff’s attorney, I certify that the facts
contained herein are true and accurate and hereby give
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also hereby release and provide to APITLAmerica® any copyrights
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warrant that no other copyrights have been given to any
other entity for this material. |
Submitted by:
Plaintiff Attorney:
Edward C. Bassett, Jr., Esq., Mirick O'Connell |
Phone: Fax:
(508) 898-1501 (508)
983-6233 |
Address:
1700 West Park Drive |
Email Address:
ecbassett@modl.com |
City/State/Zip
Westborough, MA 01581-3941 |
SIGNATURE: |