Springfield, Massachusetts Insurance Defense Law in Product, Premise, and Professional Liability
John B. Stewart, P.C.
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20 Maple Street, Suite 301 Springfield, Massachusetts 01103 USA |
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(413) 733-4402
(413) 733-4403
Law Firm Overview
John B. Stewart practices insurance defense law at Murphy & Manitsas, LLP, in Springfield, Massachusetts. He has tried over over 100 cases to a jury verdict, and is experienced in the defense handling of insurance claims in Massachusetts state and federal courts, as well as administrative agencies and appeals.Significant cases defended by Atty. Stewart:
Products Liability. Burgos v. Danly Machine, U.S. District Ct., D.Mass., 17 Verdicts, Settlement and Tactics 361-362, 1997 WL 33345564, Natl. Jury Verdict Rptr. 10:15. Defense verdict for manufacturer of 50 ton power press sued by injured worker struck by metal blanks. Roberge v. Roberge, U.S. District Ct., D.Mass., 1999 WL 33488789, 15 New England Jury Verdict Rptr. 7:C8. Verdict of no defect in defendant’s bicycle operated by boy whose jaw was fractured in accident. In DaConceicao v. Tru-Grit, U.S. Dist. Ct., D.Mass. 4/02), a jury returned a verdict of no liability for breach of warranty or negligence against the supplier of a knife-making machine.
Defense Verdicts on Rear-End Collisions. In Rouvellat v. Guarco, 187 F.3d 622 (1st Cir. 1999), a federal jury found a defendant motorist not negligent where plaintiff claimed over $100,000 in medical and wage losses, following refusal of a generous settlement offer at mediation. In Martin v. McKenna, 2005 WL 4397793 (Hampden Super. Ct.), a jury found no negligence despite the admission in evidence that the case was previously tried to a judge who awarded $30,000 and that award was “prima facie” evidence in favor of the plaintiff. Similarly, in Mulvey v. Roy, 2006 WL 4654733 (Hampden Super. Ct.), the jury found no negligence on the part of a motorist who rear-ended another vehicle starting a four-car chain collision.
Defense Verdicts for Insurance Agents/Errors & Omissions. In Capozza v. Johnson, 6 Western Mass. Law Trib. 4, 1 (April 2005), 2005 WL 115548 (Hampden Super. Ct.), a jury found the agency did not err in obtaining insurance coverage on a Mercedes, there was a $1.5 million verdict against the co-defendant motorist. Similarly in Greaves v. K-D Agency, 2006 WL 4654729 (Worc. Dist. Ct. 7/06), a jury returned a verdict of no negligence where an insured had reduced his coverages below his mortagage balance and was underinsured for a fire. In Chenevert v. Remillard, 1999 WL 3348883, following an uninsured theft claim a jury found no negligence, deceit or contract breach in the procurement of a homeowners policy.
Summary Judgments for Insurance Agents/Errors & Omissions. In both Leger v. INA, 38 Mass. App. Ct. 1102 (1995), and Grey v. Finn, (Franklin Super. Ct. 11/1/00), an agent was granted summary judgment following an uninsured fire loss. In Lata v. Remillard (Norfolk Super. Ct. 10/29/04), summary judgment was granted on a claim an agent failed to procure sufficient underinsured motorist limits. In Sacadura v. Ideal (Springfield Dist. Ct. 7/04), a directed verdict was granted at trial where a homeowner sued his agent to cover an uninsured dog bite loss.
Defense Verdicts where Motorist struck Bicyclist/Pedestrians. In Evans v. Devereaux Foundation, 1992 WL 1352918, a jury found a motorist who struck a pedestrian in a cross-walk not negligent. In Boyle v. Silluzio, 2005 WL 2148520, the jury found a negligent motorist who struck a bicyclist at an intersection cross-walk was not causally responsible for plaintiff’s damages. In Delmolino v. Doyle (34 Mass. Lawyers Weekly 593, Nov. 7, 2005), a pedestrian struck by a backing motorist in a parking lot was found not negligent.
Premises Defect Claims. In Lash v. Apollo, 1995 WL 1768599, 10 Nat’l. Jury Verdict Rptr. 7:26, a jury rendered a verdict of no negligence where a deliveryman was claiming $150,000 in special damages and permanent impairment from a fall at allegedly unsafe premises.
Numerous Favorable Verdicts for at-fault Trucking Companies.
Numerous Defense Verdicts for Motor Vehicle Accidents.
