Paul Callaghan quoted in Lawyers Weekly
Lawyers Weekly recently interviewed Higgins Cavanagh & Cooney partner Paul S. Callaghan about a decision by the Massachusetts Appeals Court that interpreted the term “automobile exclusion” under Rhode Island law. Paul is a recognized authority on insurance coverage issues.
The incident concerned the owner of a 2009 Nissan Altima who was involved in an automobile accident in Fall River, Mass. while operating his employer’s Dodge tow truck on business.
The plaintiff, a passenger in another vehicle that was part of the same accident, brought suit in Bristol County Superior Court against the driver of the tow truck. That action arose once the insurance on the towing company’s truck failed to cover her medical bills.
The personal lines policy on the defendant’s Nissan Altima specifically excluded coverage for bodily injuries “arising out of an accident involving any vehicle while being maintained or used by a person employed or engaged in any auto business.” The policy also defined “auto business” as “delivering” vehicles.
Even so, the plaintiff sought a declaratory judgment and ruling that the personal insurance on the Nissan Altima covered the plaintiff’s injuries.
Paul Callaghan told Lawyers Weekly that the Massachusetts Appeals Court correctly applied Rhode Island law in denying coverage.
“It’s a fairly standard concept that you don’t get insurance for business activities from your personal lines, he said, adding “unless there is an ambiguity in the language, the state’s courts tend to apply business exclusions literally.”
Paul Callaghan did add that if the court were ever inclined to rule against the insurance company in this particular case, it would have done so by finding a difference in the terms “delivering” and “towing.”
HCC mourns the sudden passing of former partner.Paul Callaghan Obtains Successful Jury Verdict for Major Construction Company
HCC partner Paul S. Callaghan successfully completed a jury trial in Providence County Superior Court recently – resulting in a verdict in favor of the defendant, a major national and international construction company with headquarters in New England.
The plaintiff in the case had requested that the jury award in excess of $3 million for personal injuries he allegedly sustained as the result of a slip-and-fall on ice at a construction site at a college in Worcester, Massachusetts. The plaintiff alleged that the defendant, which was the general contractor on the construction project, had been negligent in its maintenance of the site.
At the time of the incident, plaintiff was a union carpenter employed by a subcontractor of the defendant. The plaintiff claimed that he slipped and fell on a thin layer of ice covered by a dusting of snow on a concrete walkway at the ongoing construction project. In addition, the plaintiff maintained that the defendant should have removed or treated the ice and snow.
The defendant argued that the condition did not constitute a danger in the context of an ongoing wintertime construction project, that it had no actual or constructive notice of the existence of the condition, and that plaintiff’s own negligence was the cause of his fall.
At trial, the plaintiff claimed that he had sustained in excess of approximately $1,400,000 in damages resulting from about $1.3 million in lost earnings and $100,000 in medical expenses. He claimed to be totally and permanently disabled as a result of the incident and never returned to any form of employment. He subsequently underwent three unsuccessful surgical procedures to his left shoulder, resulting in “frozen shoulder syndrome.” The plaintiff also sought compensation for pain and suffering and his wife sought damages for loss of consortium.
The jury deliberated for several hours over the course of two days before returning a verdict finding that the defendant was not negligent. The plaintiff moved for a new trial and the court denied the motion.
Although the case was tried in Rhode Island, Massachusetts law was applied throughout since the site of the incident was in Worcester.
Paul Callaghan maintains an extensive construction litigation practice in both Massachusetts and Rhode Island.
Melissa Horne was a featured speaker on business law topics at SBA forum
On Wednesday, December 17, HCC attorney Melissa M. Horne addressed a public forum in Warren on the topic: “Contracts and Leases for Small Businesses.”
Her particular presentation had garnered significant community support and interest as part of a broader lecture series titled, “Rhode Island Small Business Seminars and Trainings,” sponsored by the U.S. Small Business Administration, Town of Bristol, East Bay Chamber of Commerce, Center for Women & Enterprise, SCORE, BankNewport and People’s Credit Union.
In her talk, she focused on the ins and outs of contracts and leases and how they affect small businesses. “Small businesses deal with contracts on a daily basis, so they should know how to draft and evaluate contracts that will be enforceable and consistent with one’s business goals. From terms and conditions of leases, to how one will be paid for services rendered, it is imperative that small businesses understand what the contract means before one signs on the dotted line,” said Ms. Horne.
Melissa M. Horne is of counsel with Higgins, Cavanagh & Cooney LLP. She concentrates her business law practice on transactional, regulatory and insolvency matters.
