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Opinion Digests

Criminal – Malicious Wounding – Firearm Use (access required)

Although defendant claims he shot the victim in self-defense, there was sufficient evidence to convict defendant of malicious wounding and use of a firearm where the commonwealth’s evidence showed that when the victim went to visit defendant, defendant shot him ...

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Domestic Relations – Bifurcated Proceeding – Pendente Lite Support (access required)

Where the trial court bifurcated the proceedings to first decide the issue of divorce and then consider the parties’ ante-nuptial agreement and rule on support and equitable distribution proceedings, the husband may not appeal the court’s temporary spousal support award ...

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Medical Malpractice – Discovery – Privileged Complaints To Medical Board – Improper Touching During Exam (access required)

Where plaintiff is suing defendant physician for alleged improper touching and fondling during an examination on a complaint of sore throat, the defendant physician and insurance company must produce information on similar complaints made by other female patients to the ...

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Civil Practice – Void Default Judgment – Partnership Accounting (access required)

Although plaintiff obtained a default judgment against defendant, that judgment must be set aside because plaintiff’s motion for judgment failed to allege that there has been a final accounting of the partnership in question. In general, a default judgment is ...

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Criminal – Exculpatory Evidence – Prosecution Witness's Deal (access required)

Although defendant contends he was not informed prior to trial of the full extent of the commonwealth’s agreement to drop several charges against the chief prosecution witness and to allow her to plead guilty to one charge, the court concludes ...

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Negligence – Physician Deposition – Plaintiff's Medical Records (access required)

Where defendant wishes to provide plaintiff’s treating physician with plaintiff’s later medical records in advance of a trial deposition for purposes of cross-examination, defendant may do so despite plaintiff’s objection that defendant is attempting to turn her own witness against ...

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Civil Practice – Nonsuit – Service Of Process – Third Nonsuit (access required)

Where plaintiff filed a second personal injury case after nonsuiting her first action, but process was never served during the three-and-one-half years the second suit was pending on the docket, and the second action was nonsuited only after the trial ...

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Contract – Agreement To Agree – Vagueness – UCC (access required)

Where the parties’ 1988 “asset sale and loan agreement” provided that defendant seller would pay plaintiff buyer a “variable fee” for the first five years of the agreement, and that this fee would be “an amount to be mutually agreed ...

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Employment – At-Will Doctrine – Public Policy Exception – Supervisor's Embezzlement – Employee Handbook (access required)

Where the court can infer from plaintiff’s allegations a claim that she was discharged in retaliation for reporting her immediate supervisor’s criminal conduct of embezzling company funds, plaintiff’s motion for judgment states a claim under Bowman v. State Bank of ...

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