Campbell Conroy & O’Neil obtains summary judgment in negligence and breach of warranty action

Brian P. Voke and Ashley L. McCormack recently obtained summary judgment in a negligence and breach of warranty case filed in the Suffolk Superior Court. The plaintiff alleged that he sustained internal injuries when he ingested a lobster shell fragment within a lobster roll sold at a McDonald’s restaurant, and brought claims against the franchisee,…

Campbell Conroy & O’Neil obtains summary judgment in negligence action

Brian P. Voke and Ashley L. McCormack recently obtained summary judgment in a negligence case filed in the Middlesex Superior Court. The plaintiff alleged negligence by our client, a national retail bookseller, who purportedly fell on “something slick” while shopping at the store.  The Court held that the plaintiff failed to demonstrate that the store…

Campbell Conroy & O’Neil Obtains Dismissal of Appeal on Jurisdictional Grounds

In a case involving the validity of three deeds, P. Brandon Perkins successfully moved for summary judgment on the grounds that one deed was void as a matter of law. The purported transferee appealed to the Second District Court of Appeal arguing that summary judgment was improper because genuine issues of material fact remained in…

Campbell Conroy & O’Neil Successfully Defends the City of Naples on Appeal

The City of Naples assigned 76 parking credits to a historic building erected prior the enactment of the City Code. An adjacent landowner sued the City alleging the assignment of parking credits was ultra vires. After the trial court entered judgment in favor of the City, the adjacent landowner appealed. The City of Naples retained…

Campbell Conroy & O’Neil obtains defense verdict in property damage case

Ashley L. McCormack recently tried a property damage case to a defense verdict. The plaintiff alleged a single claim of negligence against our client, an automotive parts supplier, arising from an alleged car accident between the plaintiff and a company driver, in which the plaintiff’s vehicle sustained damage. On cross-examination, the plaintiff admitted that the…

Campbell Conroy & O’Neil obtains a reversal of a Florida trial court’s order that deferred ruling on a motion for appellate costs

Campbell Conroy & O’Neil obtains a reversal  of a Florida trial court’s order that deferred ruling on a motion for appellate costs After winning a reversal of summary judgment on appeal, Campbell Conroy & O’Neil filed a motion for appellate costs in the trial court. The trial court “deferred” ruling on the motion for appellate…

James M. Campbell and Eric M. Apjohn recently obtained summary judgment in a legal malpractice claim

James M. Campbell and Eric M. Apjohn recently obtained summary judgment in a legal malpractice claim filed in Middlesex County Superior Court.  The plaintiff alleged intentional infliction of emotional distress by a Boston based law firm, one of its partners, one of its insurance clients and the adjuster for the insurance client.  The Court determined…

CC&O successfully defended Ford Motor Company in a longstanding 13-year dispute

James M. Campbell, Michelle I. Schaffer, and Curtis A. Berglund of Campbell Conroy & O’Neil, P.C.; Daniel L. Rosenthal of Marcus Clegg; and Jessica L. Ellsworth of Hogan Lovells successfully defended Ford Motor Company in a longstanding 13-year dispute in which a dealership in Maine sought to make a generous dealer incentive program a permanent…

Campbell Conroy & O’Neil Obtains Defense Judgment for Ford in Small Claims Trial

Plaintiff alleged that a defect in the hood latches of her Ford caused the hood to open while she was on the highway, resulting in property damage.  Jacob Lantry tried the case over the course of two days and presented evidence from a mechanic who had repaired the vehicle that there was no defect in…

Campbell Conroy & O’Neil Secures Dismissal with Prejudice in Wrongful Death Case

After receiving an autologous transfusion during a surgery to remove uterine fibroids, a Florida woman died. Her estate served successive notices of intent to initiate litigation against the various health care providers who participated in the surgery. Pursuant to statute, each notice tolled the statute of limitation as to “all potential defendants.” Thus, the two-year…

Campbell Conroy & O’Neil Member P. Brandon Perkins Successfully Appeals Summary Judgment in a “Failure to Disclose Material Defect” Case

A defect in the foundation of a residential home caused water to seep through the concrete slab. The buyer alleged that the seller’s real estate broker had knowledge of this defect at the time of the sale. The broker alleged that he did not have “actual” knowledge of the defect. For liability to attach, Florida…

Campbell Conroy & O’Neil Granted Summary Judgment in Ford Auto Part Box Case

Plaintiff alleged that a box was defective and tore during Plaintiff’s delivery of automotive parts, resulting in neck and elbow injuries.  Judge Marlene Lachman of the Philadelphia Court of Common Pleas granted Ford’s Motion for Summary Judgment and dismissed all of Plaintiff’s claims with prejudice.  The Court found that Plaintiff failed to specifically identify the…

Ford emerges victorious in 13 year dealership dispute

Jim Campbell, Michelle Schaffer, Curtis Berglund and Hudson Rowland defended Ford Motor Company in a long running 13 year dispute with the Darling dealership in Maine. Ford met its burden of proof that it had good cause to end payments to the Darling’s dealership in connection with the Blue Oval dealer incentive program. The case…

Merck Secures Summary Judgement in NuvaRing Case

The Plaintiff alleged that she suffered an arterial stroke as the result of the use of Merck’s NuvaRing contraceptive. Judge Mark Mastroianni allowed Merck’s motion for summary judgment and dismissed all of the plaintiff’s claims in their entirety. In applying New Jersey law, Judge Mastroianni found that the plaintiff failed to overcome the “super-presumption” that…

Costello v. Toyota et al.

Jessica L. Bowen obtained a defense verdict on behalf of Toyota in Haverhill District Court in an action involving the alleged unintended acceleration of a 2008 Toyota Corolla.  The Plaintiff claimed that as she attempted to turn around in a driveway, her vehicle malfunctioned and accelerated forward causing her to crash into a garage. Toyota…

Campbell Campbell Edwards & Conroy obtained summary judgment in favor of Dell in a lithium ion battery house fire subrogation matter

Christopher Parkerson, a member and Director at Campbell Campbell Edwards & Conroy was successful in a recent summary judgment argument in Massachusetts Superior Court.  Christopher and Kristin Dupre, along with national counsel for Dell, prepared the summary judgment which was filed on behalf of Dell in response to a fire subrogation case where the home…

Campbell Campbell Edwards & Conroy obtained dismissal of SJ Services in a negligent infliction of emotional distress case

Christopher B. Parkerson, a member and Director at Campbell Campbell Edwards & Conroy, was successful in securing dismissal of his client SJ Services in the case of Ritzer v. Town of Danvers, et al.  The claims surrounded the murder and violent death of Danvers Public School teacher Colleen Ritzer.  Ritzer’s family alleged that SJ Services,…

Campbell Campbell Edwards & Conroy obtained summary judgment in favor of J&J and Janssen Pharmaceuticals in a Risperdal action

Jim Campbell and Kathy Guilfoyle obtained summary judgment in favor of J&J and Janssen Pharmaceuticals in an action arising out of the plaintiff’s alleged ingestion of the antipsychotic medication, Risperdal.  Plaintiff alleged that he developed obesity, gynecomastia and diabetes. Judge Denise Casper concluded that the plaintiff had not met his burden of establishing general or…

Campbell Campbell Edwards & Conroy obtained a dismissal in Providence Superior Court for lack of personal jurisdiction.

The Providence Superior Court, allowed Defendant Raytheon Company’s motion to dismiss Plaintiff’s Second Amended Complaint for lack of personal jurisdiction pursuant to R.I. Super.R.Civ.P. 12(b)(2). The Court ruled that Plaintiff lacked specific jurisdiction over Raytheon because the record was devoid of any allegation that the instant claim arose from or related to any contacts Raytheon…

Tincher v. Omega Flex, Inc.

On November 19, 2014, the Supreme Court of Pennsylvania decided the case of Tincher v. Omega Flex, Inc., significantly changing the landscape of the state’s product liability law by adopting a new design defect test for strict product liability cases and unanimously overruling Azzarello v. Black Brothers Co., 391 A.2d 1020 (Pa. 1978). Campbell Campbell…

Ryan v. Marriott Corporation

The plaintiff, a 12-year-old girl, claimed $500,000 in medical expenses after allegedly eating an undercooked cheeseburger. The claim was that the burger was contaminated with various bacteria. While in hospital, the plaintiff almost died twice, allegedly as a result of the undercooked meat. This was an extremely difficult case that involved microbiology, food processing and…

Gould v. Energy Company

Campbell Campbell Edwards & Conroy, P.C. obtained a summary judgment ruling in a negligence action arising from a motor vehicle accident. The motor vehicle accident that occurred in January 2014 at the intersection of Bedford and Kingston Streets in downtown Boston. Plaintiff was injured while crossing Bedford Street when he was struck by the co-defendant…

Bruce v. Uniwest

In this case, two elevator workers were badly injured when their wooden scaffolding collapsed. One was killed and the other suffered brain injuries along with multiple fractures and significant lacerations. The parties settled with the plaintiffs for multiple millions of dollars on the eve of trial. This settlement then left several of the settling defendants…

The Supreme Judicial Court of Massachusetts rejects the Massachusetts State Automobile Dealers Association’s (MSADA) bid to prohibit direct sales of Tesla motor vehicles to consumers

In a decision of national reach and significance, the Supreme Judicial Court of Massachusetts rejected the Massachusetts State Automobile Dealers Association’s (“MSADA”) bid to prohibit direct sales of Tesla motor vehicles to consumers and thereby protected market choice for Massachusetts’ consumers. In its September 15, 2014 ruling, the Court examined the language, history, and purposes…

Laura Arbeitman, as Administratrix of the Estate of Margaret Alene Sanders v. AT Systems New England, Inc., et.al.

James Campbell and Kathleen Guilfoyle obtained a defense verdict on April 11, 2013 in Northampton Superior Court in Laura Arbeitman, as Administratrix of the Estate of Margaret Alene Sanders v. AT Systems New England, Inc., et.al. This wrongful death action arose out of a fatal collision between an armored vehicle and a bicyclist at the…

Plaintiff American Automobile Insurance Company, as assignee of Fred and Adrienne Kostecki v. Omega Flex, Inc.

Plaintiff American Automobile Insurance Company, as assignee of Fred and Adrienne Kostecki, brought this subrogation action against Omega Flex, Inc. Plaintiff sought to recover money it paid to its insured’s, Fred and Adrienne Kostecki, to rebuild their home and replace their damaged contents, following a lightning strike to a tree on their property and a…

Bambino v. Toyota Motor Corp.

William J. Conroy and Emily J. Rogers of Campbell Campbell Edwards & Conroy, P.C. and J. Randolph Bibb, Jr., and Robert F. Chapski of Lewis, King, Krieg & Waldrop, P.C., obtained a full defense verdict in the Philadelphia Court of Common Pleas in Bambino v. Toyota Motor Corp., a matter involving the alleged unintended acceleration…

The Supreme Court of New Hampshire Affirms Opinion for American Honda Motor Co.

James M. Campbell of Campbell Campbell Edwards & Conroy, Boston, Massachusetts represented American Honda Motor Co., Inc. in a Petition for Attorney’s fees filed by the dealership Autofair Honda (“Autofair”) against American Honda Motor Co., Inc. arising out of fees incurred by Autofair in a Protest it filed with the New Hampshire Motor Vehicle Industry Board. …

After almost four years of litigation, Worcester County Superior Court issues a ruling for Rule 26 (b) (2) and (b) (3)Class Decertified

On September 4, 2014, the Worcester County Superior Court decertified a class of present and future inmates of the Worcester County House of Correction forcibly extracted from their cells by Corrections Officers using pepper spray and FN 303 less lethal launchers. The inmates claim that the forcible cell extractions constituted cruel and unusual punishment and…

Michael Eason v. Marriott International, Inc.

James M. Campbell and Michelle I. Schaffer of Campbell Campbell Edwards & Conroy obtained a summary judgment ruling in the United States District Court District of Massachusetts in a matter involving a negligence claim. The plaintiff, Michael Eason, reserved a room at the Boston Marriott Burlington Hotel and upon arrival to his room Mr. Eason…

Barack et al v. American Honda Motor Co. Inc.

James M. Campbell and Michelle I. Schaffer of Campbell Campbell Edwards & Conroy, Boston Massachusetts represented Honda in the case. The name of the case is 3:09-cv-00565-TLM Barack et al v. American Honda Motor Co. Inc. The plaintiffs Ron and Donna Barack brought suit against Honda stemming from a single vehicle accident by Ron Barack…

The Massachusetts State Automobile Dealer Association v. Tesla Motors, Inc. and Tesla Motors MA, Inc.

In late October, 2012 (on the eve of a scheduled hearing before the Board of Selectmen for the Town of Natick, Massachusetts regarding the issuance of a Class 1 license to sell new motor vehicles) the Massachusetts State Automobile Dealer Association brought a lawsuit against our clients Tesla Motors, Inc. and Tesla Motors MA, Inc….

September 11 Litigation

In the history of the United States, one mass disaster is iconic and stands out among all other tragic losses of many lives and property damage arising out of a single, fortuitous or coordinated event: the terrorist attacks conducted on September 11, 2001. Three thousand souls were murdered on that day when 19 jihadists carried…

Ground Contamination by Heating Oil Prompts Claims

The Massachusetts Department of Environmental Protection issued a Notice of Responsibility to the homeowners and to our client an oil company after oil sheen was discovered on the property due to the slow release of heating oil from the homeowner’s tank. The homeowner’s insurer handled the clean-up of this spill and retained several different companies to assist…

Defense of Reglan pattern liability actions

Drug Makers Look to Campbell Campbell Edwards & Conroy, P.C. for Mass Tort Defense. A total of more than 3,000 plaintiffs nationwide have already joined in the attack on the drug makers, alleging that they failed to warn of possible side effects of taking the drug, including Tardive dyskinesia, which is characterized by repetitive and involuntary…

Factual Development Wins Cases

While riding his ATV in the woods, the plaintiff alleged that he rolled the vehicle and sustained catastrophic injuries from a branch that pierced his eye and lodged in the center of his brain. The plaintiff further claimed that he walked a quarter of a mile from the accident scene to the home of his…

Meticulous Discovery and Physical Reconstruction of Accident Scene Exonerate Summer Camp

While plaintiff, a minor, was attending summer camp, he dove head first into shallow water and became paralyzed. This difficult case demonstrates how critical it is to provide the jury with a clear and logical presentation of the fact. Campbell Campbell Edwards & Conroy, P.C. was retained to try this case on behalf of the camp…

Da Silva v. Ford Motor Company

Jury Returns Defense Verdict of Ford Where Plaintiff has $8M in Special Damages. The plaintiff was a sympathetic victim – a young, single mother of three who was rendered a permanent paraplegic when her Ford Explorer was struck from behind by a another sport utility vehicle at a red light. The plaintiff’s attorneys were willing to…

Nowell v. Ford Motor Company

“Ft. Lauderdale is in Broward County, one of the most difficult jurisdictions for defendants in the United States,” says James M. Campbell, counsel for the defense in that case. “This is a big issue for manufacturers who don’t want to encourage foreign plaintiffs to come here for litigation with the expectation of bigger payouts,” he…

Bourke v. Ford Motor Company

James M. Campbell and his team secured a defense verdict in a case involving the first ever challenge to the lack of electronic stability systems in the Ford Explorer. It was certainly a tragic case, one in which the 21-year-old driver, a youth minister, lost his life. It was late at night and he and…

Jaikins v. Caterpillar

Caterpillar Secures Decertification of Nationwide Class Action, Dismissal with Prejudice, and Award of Costs in $200M Lawsuit. The action was aimed at more than 5,500 Caterpillar marine engines used on high-end boats and yachts, and having an average cost of roughly $25,000 per engine. “One of the plaintiffs’ lawyers asserted that the total damages could range…

Jury Finds for Oil Companies in $70M Ground Water Contamination Remediation Case

The cleanup tab for New Bedford’s infamous Sullivan Ledge site – a former rock quarry later used as an industrial disposal facility – tallied more than $70 million when remediation was completed in 2000. It was one of the largest Superfund cleanups ever administered by the Environmental Protection Agency (the “EPA”) in Massachusetts. Thus, it…

Choi v. Toyota

Plaintiffs, a mother in her mid-30’s, her husband and two small children, sued Toyota Motor Corp., alleging that the airbag in the family’s 1996 Toyota Corolla was too powerful and should have been depowered. The mother was wearing a properly adjusted 3-point lap shoulder belt when the car that she was driving veered across 3…

Zeolla v. Ford Motor Company

James M. Campbell and David M. Rogers of Campbell Campbell Edwards & Conroy obtained a full defense verdict in the United States District Court for the District of Massachusetts in Zeolla v. Ford Motor Company, a matter involving the rollover of a 2004 Ford Expedition. Mario Zeolla was a third-row passenger in the Expedition when it unfortunately collided…