Legal Opinion
Keene v. Brigham & Women's Hospital, Inc.
Massachusetts Appeals Court
Decided September 19, 2002No. 01-P-415PublishedCited by 16 opinions
1Opinion of the CourtPorada, J.
Both the plaintiff and the defendant appeal from a judgment of the Superior Court awarding the plaintiff $4,108,311.66 in damages against the defendant on his amended complaint for medical malpractice. The defendant contends that the entry of a default against it by a Superior Court judge as a sanction for its failure to produce lost hospital records under Mass.R.Civ.P. 37(b)(2)(C), as amended, 390 Mass. 1209 (1984), was not warranted by the circumstances of this case and that the judge lacked the power to strike, as an additional sanction, the statutory $20,000 cap on damages recoverable…
2Cases cited45 opinions
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty CompanyCourt of Appeals for the Third Circuit · 1984
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
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3Cited by16 opinions
- Keene v. Brigham & Women's Hospital, Inc.Massachusetts Supreme Judicial Court · 2003
- Morgan v. Laboratory Corp. of AmericaMassachusetts Appeals Court · 2006
- Munshani v. Signal Lake Venture Fund II, LPMassachusetts Appeals Court · 2004
- Alliant Hospitals, Inc. v. BenhamCourt of Appeals of Kentucky · 2003
- Short v. Marinas USA Ltd. PartnershipMassachusetts Appeals Court · 2011
11 more not listed; retrieve them via the Exa API.