Legal Opinion

Toubiana v. Priestly

Massachusetts Supreme Judicial Court

Decided April 6, 1988PublishedCited by 61 opinions

1Opinion of the CourtO’Connor, J.

The plaintiff’s deceased, Max Toubiana, died as a result of a head injury he sustained while transporting lumber in a freight elevator in a building owned by a realty trust. The defendant was the sole trustee. In this action for wrongful death, the plaintiff alleges that the death resulted from the defendant’s negligent maintenance of the elevator. The case was tried before a jury. The judge denied the defendant’s motion for a directed verdict filed at the conclusion of all the evidence. The jury found that the negligence of Toubiana and the negligence of the defendant each contributed fifty…

2Cases cited17 opinions

  1. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  2. Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
  3. Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1987
  4. Raunela v. Hertz Corp.Massachusetts Supreme Judicial Court · 1972
  5. Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body CorporateCourt of Appeals for the D.C. Circuit · 1973

12 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
  2. Davis v. Westwood GroupMassachusetts Supreme Judicial Court · 1995
  3. Lyon v. MorphewMassachusetts Supreme Judicial Court · 1997
  4. Sheehan v. Roche Bros. Supermarkets, Inc.Massachusetts Supreme Judicial Court · 2007
  5. Whitehall Co. v. BarlettaMassachusetts Supreme Judicial Court · 1989

56 more not listed; retrieve them via the Exa API.

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