A husband who consented to the artificial insemination of his wife using donor sperm and eggs cannot avoid paying child support for twins born as a result of the procedure, the Massachusetts Court of Appeals has ruled in affirming judgment. The parties separated after nine years of marriage and after unsuccessfully attempting to have children through a variety of means. At the time, the husband was in the process of attempting to obtain U.S. citizenship. Despite their separation, the wife remained intent on having children through in vitro fertilization. When donor eggs became available, the wife pressed the husband to consent to the procedure.
An automobile parts retailer may be liable for asbestos exposure allegedly suffered by the owner of a business that maintained its own fleet of trucks, the Massachusetts Court of Appeals has ruled in reversing a dismissal. The plaintiff's mother died as a result of mesothelioma after owning and operating a fresh produce supplier with her husband for 40 years.
Medicaid applicants weren't necessarily disqualified from receiving benefits on the basis that their annuities were valued at less than what they cost, the Massachusetts Appeals Court has ruled in reversing judgment. The case addressed the claims of three Medicaid applicants, each of whom were denied benefits because the state valued annuities they held for less than what they cost.
A child can sue for medical malpractice based on injuries she sustained in the womb during the course of her mother's chemotherapy, the Massachusetts Appeals Court has ruled in reversing a summary judgment. The plaintiff weighed only three pounds at birth and currently suffers from speech, learning and behavioral problems that became evident when she started preschool.
Homeowners may be liable for injuries suffered by a party guest who was struck by a softball hit by a metal bat, the Massachusetts Appeals Court has ruled in reversing a summary judgment. The defendants hosted a party at their home. For entertainment, the defendants organized a softball game.
A lawyer's exercise of stock options can be considered part of his gross annual employment income under a divorce judgment, the Massachusetts Appeals Court has ruled. A married couple divorced in 1992. The divorce settlement required the husband to pay the wife one-third of his gross annual employment income. After the divorce, the husband, an attorney, left firm practice to become the general counsel at a company, where his compensation package included a base salary, annual bonus, stock options and other benefits.
A public school may be liable for injuries suffered by an elementary student as the result of a fall during recess, the Massachusetts Appeals Court has ruled in affirming the denial of summary judgment. The plaintiff's six-year-old son suffered permanent injuries when he fell and struck his face against a low brick wall while playing during recess with other members of his first grade class. The injury occurred in a concrete-surfaced courtyard designated to be used for recess by the school principal.
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