Russell v. Boston Wyman, Inc., 574 N.E.2d 379 (Mass. 1991). · Go Syfert
Russell v. Boston Wyman, Inc., 574 N.E.2d 379 (Mass. 1991). Cases Citing This Book View Copy Cite
“last antecedent rule" is that "qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote”
75 citation events (29 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Commissioner of Revenue v. Dupee
Mass. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
last antecedent rule" is that "qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote
discussed Cited as authority (rule) James B. Nutter & Co. v. Estate of Murphy
Mass. · 2018 · confidence medium
The inclusion of the phrase "and any other remedies permitted by applicable law" does not eliminate this ambiguity because it can reasonably be understood to exclude the statutory power of sale: the word "other" indicates that this language refers to remedies other than the power of sale, and under standard rules of grammar, the modifying phrase "permitted by applicable law" would apply only to the immediately preceding term -- that is, "any other remedies" -- and not to the term "power of sale." See, e.g., Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991) ("The 'rule of the last ante…
discussed Cited as authority (rule) Plainville Asphalt Corp. v. Town of Plainville
Mass. App. Ct. · 2013 · confidence medium
The judge, however, applied the rule of the last antecedent, which holds that “qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote.” Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991), quoting from United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985).
discussed Cited as authority (rule) Cottone v. Cedar Lake, LLC
Mass. App. Ct. · 2006 · confidence medium
“The ‘rule of the last antecedent’ holds that ‘qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote.’ ” Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991), quoting from United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985).
discussed Cited as authority (rule) Cottone v. Cedar Lake, LLC
Mass. Super. Ct. · 2005 · confidence medium
“The ‘rule of the last antecedent’ holds that ‘qualifying phrases are to be applied to the words or phase immediately preceding and are not to be construed as extending to others more remote.’ ” Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991), quoting United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985).
cited Cited as authority (rule) Adams v. Liberty Mutual Insurance
Mass. App. Ct. · 2003 · confidence medium
Co., 406 Mass. 478, 480 (1990); Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1005-1006 (1991).
discussed Cited as authority (rule) Mountain Valley Mall Associates v. Municipality of Conway
N.H. · 2000 · confidence medium
Therefore, “qualifying phrases are to be applied to the words or phrases immediately preceding and are not to be construed as extending to others more remote.” Russell v. Boston Wyman, Inc., 574 N.E.2d 379, 380 (Mass. 1991) (quotation omitted).
discussed Cited as authority (rule) Commonwealth v. George
Mass. Super. Ct. · 1997 · confidence medium
“The ‘rule of the last antecedent’ holds that qualifying phrases are to be applied to the words or phrases immediately preceding and are not to be construed as extending to others more remote.” Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991), quoting United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985).
cited Cited as authority (rule) Retirement Board v. Colleran
Mass. App. Ct. · 1993 · confidence medium
See State Bd. of Retirement v. Boston Retirement Bd., 391 Mass. 92, 94 (1984); Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991).
cited Cited as authority (rule) Commonwealth v. Guerrero
Mass. App. Ct. · 1992 · confidence medium
This aspect of the appeal is controlled by our opinion in Commonwealth v. Arias, 29 Mass. App. Ct. 613, 617-620 (1990), S.C., 410 Mass. 1005 *266 (1991).
discussed Cited as authority (rule) St. Germaine v. Pendergast
Mass. · 1992 · confidence medium
L. c. 152, § 24, in Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991). 14 In that case, a financially independent husband whose wife was injured at work sought to bring a loss of consortium claim, arguing, as the St.
discussed Cited "see" Saab v. Massachusetts CVS Pharmacy, LLC (2×)
Mass. · 2008 · signal: see · confidence high
See Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991) (clarifying that § 24 applies to employee’s spouse, parents, or children regardless whether any such relative is financially dependent on employee).
cited Cited "see" Commonwealth v. Gonzalez
Mass. · 2008 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 617 (1990), S.C., 410 Mass. 1005 (1991).
discussed Cited "see" Chandanais v. Commonwealth
Mass. · 2007 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991), and Commonwealth v. Brown, 34 Mass. App. Ct. 222, 227 (1993). ‘An inference . . . [drawn from circumstantial evidence] need only be reasonable and possible; it need not be necessary or inescapable.’ Commonwealth v. Beckett, 373 Mass. 329, 341 (1977).
cited Cited "see" Commonwealth v. Frongillo
Mass. App. Ct. · 2006 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991); Commonwealth v. Gonzalez, 42 Mass. App. Ct. 235, 240 (1997).
cited Cited "see" Nutting v. Roche Bros. Supermarkets, Inc.
Mass. App. Ct. · 2000 · signal: see · confidence high
See Russell v. Boston Wyman, Inc., 410 Mass. 1005, 1006 (1991) (addressing notice under a prior version of the statute).
discussed Cited "see" Commonwealth v. Moscat
Mass. App. Ct. · 2000 · signal: see · confidence high
See Commonwealth v. Kennedy, 426 Mass. 703, 707 (1998). “ ‘Whether an inference is warranted or is impermissibly remote must be determined, not by hard and fast rules of law, but by experience and common sense.’ Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991), quoting Commonwealth v. Drew, 4 Mass. App. Ct. 30, 32 (1976).” Id. at 707-708.
cited Cited "see" Commonwealth v. Johnson
Mass. App. Ct. · 1997 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991), and Commonwealth v. Brown, 34 Mass. App. Ct. 222, 227 (1993).
cited Cited "see" Commonwealth v. Araujo
Mass. App. Ct. · 1995 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 617-619 (1990), S.C., 410 Mass. 1005 (1991).
cited Cited "see" Commonwealth v. Carmenatty
Mass. App. Ct. · 1994 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 617-618 (1990), S.C., 410 Mass. 1005 (1991); Commonwealth v. Yazbeck, 31 Mass. App. Ct. 769, 774-775 (1992).
cited Cited "see" Commonwealth v. Brown
Mass. App. Ct. · 1992 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613 (1990), S.C., 410 Mass. 1005 (1991); Commonwealth v. Santiago, 30 Mass. App. Ct. 207, 216-219 (1991).
cited Cited "see" Commonwealth v. Yazbeck
Mass. App. Ct. · 1992 · signal: see · confidence high
See Commonwealth v. Arias, 29 Mass. App. Ct. 613, 617-618 (1990), S.C., 410 Mass. 1005 (1991); Common *775 wealth v. Rivera, ante 554, 556 (1991).
discussed Cited "see" Commonwealth v. Handy
Mass. App. Ct. · 1991 · signal: see · confidence high
See Commonwealth v. Ancillo, 350 Mass. 427, 432-433 (1966). 4 The case against Handy and this appeal turn on the sole question whether the Commonwealth presented sufficient evi *780 dence to prove that Handy had possession of the cocaine seized by the police on the second floor of the house at 41 Lawrence Street on December 15, 1988. “ ‘Possession implies “control and power,” exclusive or joint. . . , or, in the case of “constructive possession,” knowledge coupled with the ability and intention to exercise dominion and control.’ ‘Proof of possession of a controlled substance, m…
discussed Cited "see, e.g." Commonwealth v. Fernandez
Mass. App. Ct. · 2003 · signal: see also · confidence low
See also Commonwealth v. Arias, 29 Mass. App. Ct. 613, 615, 617-619 (1990), S.C., 410 Mass. 1005 (1991) (accouterments of apartment, including locks and barricades, supported inference that the occupants were participants in drug trafficking enterprise).
discussed Cited "see, e.g." Boudrow v. Sears, Roebuck & Co.
Mass. Super. Ct. · 1994 · signal: see also · confidence low
Commonwealth v. One 1987 Mercury Cougar Auto, 413 Mass. 534, 537 (1992); see also Russell v. Boston Wyman, Inc., 410 Mass. 1005 (1991) (where the statutory language is clear, the court does not look beyond that language to interpret it).
cited Cited "see, e.g." Commonwealth v. Booker
Mass. App. Ct. · 1991 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. Arias, 29 *436 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991).
Retrieving the full opinion text from the archive…
William Russell
v.
Boston Wyman, Inc.
Massachusetts Supreme Judicial Court.
Jul 9, 1991.
574 N.E.2d 379
Thomas J. Canavan for the plaintiff., Faith D. Segal for the defendant.
Cited by 13 opinions  |  Published

The plaintiff appeals from the allowance of the defendant’s motion for summary judgment dismissing the plaintiff’s claim for the loss of his wife’s[*1006] society, consortium, companionship, and services. It is not disputed that the plaintiffs wife was an employee of the defendant, Boston Wyman, Inc., that she claimed and collected workers’ compensation benefits under G. L. c. 152 (1990 ed.), for an injury arising out of that employment, and that she did not preserve her rights at common law by giving notice to her employer as required by that statute. The trial judge dismissed the plaintiffs claim on the ground that the “exclusive remedy” provision of the workers’ compensation statute, G. L. c. 152, § 24, as amended through St. 1985, c. 527, § 35, bars any common law claim against the employer by the spouse of an employee who has collected benefits under the statute. The plaintiff appealed, and we transferred the case to this court on our own motion.

Section 24 of G. L. c. 152 provides, in relevant part, that, when an employee has not preserved his or her rights at common law, “the employee’s spouse, children, parents and any other member of the employee’s family or next of kin who is wholly or partly dependent upon the earnings of such employee at the time.of injury or death, shall also be held to have waived any right of action at common law against such employer for damage due to loss of consortium, parental guidance, companionship or the like” (emphasis added). The plaintiff is neither wholly nor partly dependent upon the earnings of his wife. He argues that the phrase “who is wholly or partly dependent upon the earnings of such employee” modifies the employee’s “spouse, children, [and] parents” as well as “any other member of the employee’s family or next of kin,” and therefore that the statute bars only a dependent but not a nondependent spouse from making a claim. We disagree.

The “rule of the last antecedent” holds that “qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote.” United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir. 1985). See Moulton v. Brookline Rent Control Bd., 385 Mass. 228, 230-231 (1982). Thus, the phrase in question modifies only “any other member of the employee’s family or next of kin.” Nothing in the subject matter, dominant purpose, or language of the statute indicates a different interpretation. See Moulton, supra. On the contrary, several other factors support this construction. For example, if the phrase qualified “spouse, children, [and] parents,” it would require a plural verb, and would read “who are . .. dependent.” As it stands, the singular verb in “who is . . . dependent” agrees with the singular subject, “any other member of the employee’s family or next of kin.” See W. Strunk & E.B. White, The Elements of Style 9 (3d ed. 1979) (“The number of the subject determines the number of the verb”).

Where, as here, the statutory language is clear and unambiguous, we do not look beyond that language to interpret it. Pobieglo v. Monsanto Co., 402 Mass. 112, 116 (1988). Even if we look to the legislative history cited by the plaintiff, as ne urges, however, we find nothing to support his posi[*1007] tion. The 1985 amendment to the statute was intended, in part, to override this court’s decision in Ferriter v. Daniel O’Connell’s Sons, 381 Mass. 507 (1980), which construed the workers’ compensation statute as not barring a spouse’s claims for loss of consortium and society (or for negligent infliction of mental distress). See Corrigan v. General Elec. Co., 406 Mass. 478, 480 (1990). It would defy common sense for the Legislature to have precluded claims by dependent spouses, who presumably have greater need for financial assistance, while permitting claims by financially independent spouses.

Thomas J. Canavan for the plaintiff. Faith D. Segal for the defendant.

Finally, there is no merit to the plaintiffs contention that his claim for loss of services is separate and distinct from his claim for loss of consortium, and therefore is not encompassed by the statutory bar, in G. L. c. 152, § 24, on claims for “loss of consortium ... or the like.” More than a century ago, the common law of Massachusetts ceased to recognize a husband’s loss of the services of his injured wife as either a separate claim or an element of a claim for loss of consortium. See Bigaouette v. Paulet, 134 Mass. 123, 124 (1883). See also Diaz v. Eli Lilly & Co., 364 Mass. 153, 156 (1973); Rodgers v. Boynton, 315 Mass. 279, 281-283 (1943).

Accordingly, we affirm the trial judge’s allowance of the defendant’s motion for summary judgment dismissing the plaintiffs claims.

So ordered.