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Bruce H Murray

Bruce Murray’s Answers

178 total


  • Will I get in trouble for not appearing?

    I was a former loss prevention associate and had responded to a customer accident in the store which resulted in injury. That customer is now suing the company and the company's lawyer is saying I have to appear as a witness even though I no longe...

    Bruce’s Answer

    If you are served with a subpoena you have to go. You can discuss with the attorney whether the company may be willing to reimburse you a day's pay but they are not obligated to do so. You can also ask it be scheduled for a time more convenient to you, as long as its M-F during normal business hours. As a citizen of the United States and the Commonwealth of Massachusetts you enjoy many rights. But with that comes certain responsibilities which include participating in the legal process, even if it doesn't involve you, if properly summoned, served with a subpoena, or called for jury duty. It's the only way the system can work. If you had a case and there was a witness that you needed, even a complete stranger, I assume you would certainly want them to come. While you may be able to force the lawyer to jump through a few hoops, in the end the court does not look favorably on people who don't comply with subpoenas. “Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court in which the action is pending.” M.R.C.P. 45(f). “If a person who has been duly summoned and required to attend as a witness under the preceding sections or section thirty-seven of chapter two hundred and eighteen fails, without a sufficient excuse, to attend, he shall be liable to the aggrieved party in tort for all damages caused by such failure.” M.G.L. c. 233, Sec. 4. “Such failure to attend as a witness before a court, justice of the peace, master in chancery, master or auditor appointed by a court, or the county commissioners, shall also be a contempt of the court, and may be punished, in case of such failure to attend as a witness in a criminal prosecution, by a fine of not more than two hundred dollars or by imprisonment for not more than one month or both, or, in case of any other such failure to attend as aforesaid, by a fine of not more than twenty dollars.” M.G.L. c. 233, Sec. 5. “The court, justice, master in chancery, master, auditor or county commissioners may in such case issue a warrant to bring such witness before them to answer for the contempt, and also to testify in the case in which he was summoned.” M.G.L. c. 233, Sec. 6.

    My suggestion is do your legal and civic duty and go to the deposition.

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  • Can I sue

    I was ejected from a casino for drinking,I was not drunk. They told me I had to take a cab,they did not give me a breathalizer. I feel like they detained me with no proof.

    Bruce’s Answer

    They probably saved you from an OUI arrest, be thankful. You don't need to be "drunk" to be convicted, or even pulled over. If you had been pulled over and took a breathalizer and your blood alcohol content was .08 or above you are guilty, whether you're "drunk" or not, resulting in a number penalties, fines, and loss of license. If you refuse the breathalizer, the RMV would have taken your license. Don't drink and drive!

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  • I found a pill in a jar of Tostitos Salsa while eating it. What should I do? How do I have it tested?

    The jar was purchased August 21st. My wife and myself are the only two people to ingest the salsa. We have no pills in the house which even closely resemble the pill in the jar.

    Bruce’s Answer

    If you bring it to a pharmacy, they may likely be able to identify it.

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  • I won't to give out my insurance info. Will girlfriend have to pay out of pocket for small fender bender and settle outside?

    I let my girlfriend borrow my car. She is not on my policy. She says she had reversed out of her space when another car reversed out and hit her. My car has no damage to it. The other car has some paint chips, scratches, and some minor dents. She ...

    Bruce’s Answer

    Give the insurance information. That's why you have insurance. As long as your girlfriend was using your car with your permission, she is covered under the policy. Your required by law to provide your registration info, which has the name of your insurance company on it.

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  • Prove that snow/ice & City or State Plows or untreated roads caused my single (only) car accident into snow & VACATE SURCHARGE?

    I was driving to work on Dec.15,2013 and do to the snow and icy roads that were not properly treated while driving my car had slid on ice and snow and although i was able to gain control of the vehicle I did slam into a snow pile. As a result the...

    Bruce’s Answer

    As I understand your question, you are not looking to sue the city, but rather you want to appeal the surcharge. There is whole line of cases in MA that stand for the proposition that the "mere skidding" of a motor vehicle does not, by itself, establish negligence (carelessness) on the part of the driver. Although there is a "presumption" that you are more than 50% at fault, all that means is that you have the burden of proof to show that your conduct was reasonable. If you can show that you were driving carefully i.e. going an appropriate speed for the circumstances, paying attention, using your brakes appropriately, and otherwise using due care and caution, then the presumption can be rebutted. Below is a list of citations of legal authority which has held that the mere skidding of a motor vehicle, unexplained, is not evidence of negligence. You can make photocopies of those cases at the law library at any local court, as well as many public libraries. They are also available online but you usually have to pay a fee to a service or organization to have access. But it's worth a try Googling some of these names to see if you can get copies for free online. Bring the cases with you to the appeal hearing to show the hearing officer, present your evidence of your careful driving at the time you skidded into the snow bank, and make the argument that you were driving in a reasonably careful manner at the time, and that the fact your car skidded is not evidence of any negligence (carelessness) on your part.

    Best of luck.

    'Mere skidding of a motor vehicle, unexplained, is not evidence of negligence.' Mlynarchik v. Massachusetts Bay Transit Authority, 3 Mass.App.Ct. 35, 322 N.E.2d 433 (1975); Sherwood v. Radovsky, 317 Mass. 307, 308--309, 57 N.E.2d 912, 913 (1944); Lambert v. Eastern Mass. St. Ry., 240 Mass. 495, 499, 134 N.E. 340 (1922); Glavine v. Gaudette, 335 Mass. 170, 171--172, 138 N.E.2d 635 (1956); Spain v. Oikemus, 278 Mass. 544, 180 N.E. 314 (1932); Costello v. Hansen, 327 Mass. 264, 97 N.E.2d 738

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  • Tenants did not leave forwarding address for to send security deposit. What should I do?.

    My tenants left and did not leave a forwarding address. I sent them several emails asking for their new address, but they will not give it to me. What steps should I take to ensure I am not sued for keeping the security deposit.

    Bruce’s Answer

    Do anything and everything reasonable to try to find them, and keep records ! Don't just rely on email. Send them a letter, to the old address if necessary, which may get forwarded if they submitted a change of address with the post office. Go to the post office and ask if they filed and change of address. Send a written request to the post office for their forwarding address so there is a record. If so, send a letter to the new address certified mail, so there is a record of the delivery. Most importantly document all your efforts to locate them. In case you are being set up for a claim later on that you didn't return their security deposit within the 30 day time limit. If you are planning on keeping any portion of it, consult with an attorney to make sure it is done correctly. The law is very strict when it comes to security deposits so dot every "i" and cross every "t".

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  • I am a tenant at will, gave my notice that I would be vacating in 30 days. Do I have any right to request an additional month?

    I have been a tenant at will since my 12 month lease expired on June 30th. I gave my 30 day notice on July 31st, assuming I would find a place for September 1st. I could only find a place with an October 1st move in date. Do I have a right to requ...

    Bruce’s Answer

    You can ASK for anything, whether they agree or not is a different matter. You don't have any RIGHT to remain. If the apartment has already been rented, then the landlord will probably insist you move. If it hasn't, then they may let you stay. But don't wait, the sooner you ask them the greater the chance is they haven't rented the apartment yet. Also, even if they do allow you to stay, they may ask for a higher rent. Since you gave your notice already indicating you would be leaving, you have effectively terminated your tenancy under the previous terms. If they let you stay, they can ask for a higher rent, but hopefully will not.

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  • Do I have grounds for a lawsuit if my automatic trunk was closing and caused me injuries?

    My automatic trunk was closing and I was coming around the corner and it hit my head resulting in a laceration on my forehead and a concussion. I had to go to ER and have the wound repaired and now I will have a permanent scar on my forehead. I am...

    Bruce’s Answer

    If the event occurred because the door was defective in some way and suddenly came down and hit you, then maybe. If it happened because you weren't paying attention and bumped into it or didn't move out of the way in time, then the answer is no.

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  • I just found out my hip implant was recalled and I have elevated cobalt levels. what is a typical settlement for this?

    I am devastated that I will need this surgery again, as the first was very hard on me, and only 2 years ago. I am relatively young, a single mother, and self employed. I worry about having a second revision before I'm even 50, as well as the sympt...

    Bruce’s Answer

    No reasonable attorney could possibly advise you regarding what your case is "worth" without knowing ALL the details of YOUR particular situation, and it would be irresponsible for them to even try. There is no such thing as "typical settlement" for any kind of personal injury case. Settlement values are dependent on many, many factors, tangible (ie amount of medical bills) and intangible, and no two claims are alike, even ones with "similar" injuries. Usually, you need to retain an attorney first, who can then fully investigate your claim, before any reasonable opinion can be provided about what a fair settlement value would be for your case. When shopping for an attorney, I suggest you avoid any who promises or guarantees a particular recovery or "dollar range" they say you can expect to receive. The best advice is to find an attorney who is knowledgeable and experienced in personal injury cases, and who regularly actually tries these cases to juries.

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  • Can I sue a NAIL salon for messing up my real eyelashes? I understand this is only eyelashes but I do not believe they knew how.

    I went to this nail salon because they were the closest and I was told they do false eyelashes. The man who did them said they will last 2 weeks. Day 5 one side was starting to come off and look crooked. So I had to take them off. I do not know wh...

    Bruce’s Answer

    If your damages are minimal, your best course of action may be to bring an action in small claims court.

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