Legal Opinion
Bengar v. Clark Equipment Co.
Massachusetts Appeals Court
Decided April 7, 1987PublishedCited by 12 opinions
1Opinion of the CourtBrown, J.
This appeal challenges the correctness of an order of a judge in the Superior Court allowing the plaintiffs’ *42motion to add, after judgment, Clark Equipment Company (Clark) as a party defendant pursuant to Mass.R.Civ.P. 15 (a), 365 Mass. 761 (1974).
The plaintiffs, Scott and Donna Bengar, initially sought recovery for injuries sustained on September 27, 1979, when a forklift operated by Scott toppled over, immediately after Scott had swerved in an attempt to avoid an automobile. The original complaint was brought in December, 1979, against the driver of the automobile and the driver’s employer.…
2Cases cited32 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
- Johnston v. Holiday Inns, Inc.Court of Appeals for the First Circuit · 1979
- Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975
- Philip Joseph Twohy, Jr. v. The First National Bank of ChicagoCourt of Appeals for the First Circuit · 1985
27 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chokel v. Genzyme Corp.Massachusetts Supreme Judicial Court · 2007
- Hodge v. KlugMassachusetts Appeals Court · 1992
- Bengar v. Clark Equipment Co.Massachusetts Supreme Judicial Court · 1988
- Carroll v. DeMoulas Super Markets, Inc.Massachusetts District Court, Appellate Division · 1987
- Tynan v. NelsonMassachusetts District Court, Appellate Division · 1996
7 more not listed; retrieve them via the Exa API.