Massachusetts General Laws

Last week, cyclists came to Westfield, Massachusetts to take part in a “Ride of Silence” to honor the memories of those who have been injured or killed on public roadways while cycling.  Earlier this year, in an effort to address the increasing number of injured or killed cyclists (not to mention walkers and runners), past Governor Charlie Baker entered the safe passing law.   This law recently went into effect and is applicable to all motorists driving on public roadways in Massachusetts and was made in an attempt to reduce road deaths, which spiked to an 11-year high in 2021 with an estimated 400 road deaths (a number that does not include injuries). 

The law requires drivers to provide at least four feet of space between their vehicle and "vulnerable road users.”  Such vulnerable road users include people walking or running, bicyclists, roadside workers, horse riders and horse-drawn carriages, farm equipment, people using wheelchairs, people using motorized scooters, skateboarders, roller-skaters, and any other similar pedestrian situation.
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Not all personal injury claims are created equal and sometimes an accident really just is an accident.  This lesson was just learned by a Plaintiff in Middlesex Superior Court after a four-day trial resulted in a defense verdict and no recovery for the Plaintiff.  The claim involved an injury to a seven year old girl who suffered a fall at a school playground.

In the matter of Ozkan v. City of Malden, seven year old Nihal Ozkan was a student at the Linden Steam Academy in Malden, Massachusetts.
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While we typically think of car accidents and slip and falls as the stereotypical personal injury cases, there are actually quite a few other types of situations that lead to personal injury cases.  One such type of personal injury case involves physical assault caused by an intoxicated person.  Many times, liability will extend beyond the actual individual responsible for another’s injuries to the person or establishment who served the liquor.  Massachusetts and many other states have enacted a “Dram Shop law” in an effort to deal with these types of cases.

Pursuant to Massachusetts General Laws chapter 138 § 69, someone suffering from physical injury, property damage, or other damage may sue the licensed liquor provider who served an intoxicated person.
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If an employer does not provide an employee leaving the company with his or her wage payments on time but quickly corrects the problem, that is the end of the issue, correct?  Not so fast, the Massachusetts Supreme Judicial Court recently held.  Even if the employer fails to make timely wage payments to a departing employee by mistake, the employer will be on the hook for automatic treble damages.  The SJC’s recent ruling and clarification of the Massachusetts Wage Act is essential information for all employers in Massachusetts to be fully informed about before failure to comply with the Act becomes a very costly mistake.

Massachusetts General Law c.149 § 148 states that "any employee leaving his employment shall be paid in full on the following regular pay day, and, in the absence of a regular pay day, on the following Saturday; and any employee discharged from such employment shall be paid in full on the day of his discharge.
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Massachusetts had more deaths on its roads in 2021 than in any year since 2009.  According to a new report from the Massachusetts Department of Transportation, four hundred and eight people died on Massachusetts road last year, including drivers, passengers, bicyclists, and pedestrians.  This death total is nineteen percent higher than the 2020 total of 343 fatalities.

There are many explanations for this increase in fatalities.  Beginning in April of 2020, there was an increase of reckless driving and speeding which was explained by the Covid-19 pandemic emptying roadways which used to home congested streets.
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On October 6, 2021, Charlie Braun was killed when he was struck by a car while riding his bicycle in Northampton, Massachusetts.  The driver that hit and killed Charlie Braun is facing charges of negligent motor vehicle homicide, failing to stop for a stop sign, and FaceTiming while driving.  As a result, there has been a new push to further reduce distracted driving in Massachusetts and it involves strengthening the state's current hands-free driving law and closing an existing loophole regarding broadcasting video content while driving.

The state's hands-free law, which went into effect in February 2020, already prohibits drivers from holding their phones while operating their vehicles, but, in a bit of a loophole, it does not prohibit operates from filming while driving.  More specifically, while the Massachusetts law bans drivers from viewing video displayed on a mobile electronic device, it does not ban drivers from recording or broadcasting video of themselves while driving, using apps like FaceTime or Zoom.
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Recently a colleague asked me what the law required when an emergency vehicle is traveling on the same road but in the opposite direction.  He was not sure if he had an obligation to pull over to the right if the emergency vehicle had an unobstructed path forward in its lane of travel.  The law does require drivers in the opposite lane of travel to pull over as far to the right as is safely possible even if the emergency vehicle has a clear path forward in the opposite travel lane.  Failure to do so can lead to a fine, jail time, loss of license, and have a significant repercussions on a possible automobile accident claim.

The important law to be aware of is Massachusetts General Law chapter 89 § 7 and §7A.

A recent Supreme Judicial Court decision confirmed that MassHealth has a statute of limitations of three years from a beneficiary’s death to file its claim for reimbursement on the beneficiary’s estate or MassHealth’s Claim is completely barred.

The Court recently made this ruling In the Matter of Estate of Kendall, 486 Mass. 522 (2020).  In this matter, Jacqueline Ann Kendall died intestate on August 7, 2014.  At the time of her passing, Ms.
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Massachusetts wage and hours laws provide employers with guidance as to how, when, and how much workers must be paid.  One common issue that arises is when and what employees that resign or are terminated need to be paid.  Generally speaking, an employee is voluntarily quits or resigns may be paid on the next regular pay date after his or her last day of work but an employee who is involuntarily terminated must be paid in full on the day of discharge.  Failing to adhere to these rules can have significant consequences.

Massachusetts General Laws chapter 149 § 148 states “any employee discharged from such employment shall be paid in full on the day of his discharge.
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One of the most important parts of the discovery process in any claim or civil litigation are the depositions.  In a personal injury claim, the injured party is almost always deposed and the defendant is often deposed as well (unless liability is not disputed).  In an employment law claim, depositions can take place not only of the people directly involved in the claim, but often all of the employees of the company.  Any litigator will tell you the importance of depositions to a legal claim.  They can make or break a lawsuit, sometimes only with one wrong answer.
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One of the three most basic estate planning documents is the health care proxy.  This is the document where an individual gives permission to another person to make health care decisions on their behalf in the event they are incapacitated or unable to make health care decisions for themselves.  This document is especially important in Massachusetts because under Massachusetts law, there is no identified law that allows for the appointment of a default surrogate under any circumstances.  That means that your spouse, parents, and children have no legal right to make health care decisions for you.

Massachusetts is in the minority with regards to the treatment of health care proxies.
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