12 Massachusetts opinions name it 3 courts 1984–2018 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dinsky v. Town of Framinghamgreen2 sentences2018"To recover for negligence, a plaintiff must show 'the existence of an act or omission in violation of a ... duty owed to the plaintiff[ ] by the defendant.' " Cottam v. CVS Pharmacy , 436 Mass. 316 , 320, 764 N.E.2d 814 (2002), quoting Dinsky v. Framingham , 386 Mass. 801 , 804, 438 N.E.2d 51 (1982). 2018"To recover for negligence, a plaintiff must show 'the existence of an act or omission in violation of a ... duty owed to the plaintiff[ ] by the defendant.' " Cottam v. CVS Pharmacy , 436 Mass. 316 , 320, 764 N.E.2d 814 (2002), quoting Dinsky v. Framingham , 386 Mass. 801 , 804, 438 N.E.2d 51 (1982). | 9 | 10 |
Cottam v. CVS Pharmacygreen2 sentences2018"To recover for negligence, a plaintiff must show 'the existence of an act or omission in violation of a ... duty owed to the plaintiff[ ] by the defendant.' " Cottam v. CVS Pharmacy , 436 Mass. 316 , 320, 764 N.E.2d 814 (2002), quoting Dinsky v. Framingham , 386 Mass. 801 , 804, 438 N.E.2d 51 (1982). 2018"To recover for negligence, a plaintiff must show 'the existence of an act or omission in violation of a ... duty owed to the plaintiff[ ] by the defendant.' " Cottam v. CVS Pharmacy , 436 Mass. 316 , 320, 764 N.E.2d 814 (2002), quoting Dinsky v. Framingham , 386 Mass. 801 , 804, 438 N.E.2d 51 (1982). | 4 | 5 |
Coombes v. Floriogreen2 sentences2014“Whether a defendant owes a plaintiff a duty of reasonable care is a question of law that is decided ‘by reference to existing social values and customs and appropriate *714 social policy.’ ” Coombes v. Florio, 450 Mass. 182, 187 (2007), quoting Cremins v. Clancy, 415 Mass. 289, 292 (1993). 2008“To recover for negligence, a plaintiff must show ‘the existence of an act or omission in violation of a . . . duty owed to the plaintiffls] by the defendant.’ ” Coombes v. Florio, 450 Mass. 182, 187 (2007), quoting Cottam v. CVS Pharmacy, 436 Mass. 316, 320 (2002). | 2 | 2 |
Cremins v. Clancygreen2 sentences2014“Whether a defendant owes a plaintiff a duty of reasonable care is a question of law that is decided ‘by reference to existing social values and customs and appropriate *714 social policy.’ ” Coombes v. Florio, 450 Mass. 182, 187 (2007), quoting Cremins v. Clancy, 415 Mass. 289, 292 (1993). 2007Whether a defendant owes a plaintiff a duty of reasonable care is a question of law that is decided “by reference to existing social values and customs and appropriate social policy.” Cremins v. Clancy, 415 Mass. 289, 292 (1993). | 2 | 2 |
Davis v. Westwood Groupgreen1 sentence2002See Davis v. Westwood Group, 420 Mass. 739, 742 (1995). | 1 | 1 |
Kourouvacilis v. General Motors Corp.green1 sentence1997See Kourouvacilis, supra at 711-12 . (1) Whether Defendant Insurance Agency Owed a Legal Duty to Plaintiffs The defendant Insurance Agency cannot be liable to the plaintiffs in tort absent an act or omission in violation of a legal duty. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jean W. v. Commonwealth
green
1 sentence2009Thus, the question is whether his alleged negligence in failing to provide adequate supervision and delegating responsibilities to Linda can be considered gross negligence, thereby removing his conduct from MTCA immunity. 3 Negligence requires the plaintiff to show “(1) the existence of an act or omission in violation of a (2) duty owed to the plaintiff! ] by the defendant, (3) injury, and (4) a causal relationship between the breach of duty and the ham suffered.” See Dinsky v. Framingham, 386 Mass. 801, 804 (1982), abrogated on other grounds by Jean W. v. Commonwealth., 414 Mass. 496 (1993). | 1 | 2009–2009 |
Royal Indemnity Co. v. Pittsfield Electric Co.
green
1 sentence1997Royal Indemnity Co. v. Pitts field Electric, 293 Mass. 4 (1935). | 1 | 1997–1997 |
Irwin v. Town of Ware
green
2 sentences1988The parties properly focus their arguments on Dinsky and on Irwin v. Ware, 392 Mass. 745 (1985). 1988The parties properly focus their arguments on Dinsky and on Irwin v. Ware, 392 Mass. 745 (1985). | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.