March 21, 2012 -
Appeals Court Upholds Negligence Finding in Knifing Incident, Permitting Insurance Recovery
The Massachusetts Appeals Court has upheld a finding in a superior court bench trial that a defendant who wielded a knife in a street fight, and stabbed an adversary three times—including fatally in the heart—acted negligently but not intentionally. The decision entitled the victim’s surviving daughter to collect a $250,000 wrongful-death damages award against the defendant’s insurer.
SRBC's insurance practice group analyzes the decision in a new Law Alert.