Massachusetts appellate courts have rendered two wrongful death opinions in the last two days, both favoring plaintiffs.
In Dubuque v. Cumberland Farms, Inc. (AC 17-P-266) (June 6, 2018), the Court of Appeals upheld a $20m judgment against the convenience store after inadequate "bollard" protection of a pedestrian who was killed when struck by an out-of-control car. The opinion includes an interesting discussion on evidence regarding the admissibility of past pedestrian-car collisions arguably similar or distinguishable.
Today in Correa v. Schoeck (SJC 12409), the Supreme Judicial Court reinstated Walgreens pharmacy as a defendant in the tragic death of a 19-year-old who was unable to fill a prescription for life-saving medication. The prescription was hung up on paperwork somewhere among pharmacy, doctor's office, and insurer. The court held the pharmacy bound to at least a thin reed of duty in the negligence claim.