David Mack Quoted in “Summary judgment wrongly granted in easement dispute” in Mass. Lawyers’ Weekly

OCM partner David Mack is quoted in the cover story in this week’s issue of Massachusetts Lawyers’ WeeklyThe case, Benvenuto, et al. v. Hanover, LLC et al., overturned the allowance of a motion for summary judgment where the trial judge disregarded testimony by a witness that contradicted earlier testimony from the same witness within the same deposition. The Appeals Court held that the well-established rule that a party may not defeat summary judgment through an affidavit that contradicts prior deposition testimony does not apply where a disinterested witness gives conflicting testimony within the same deposition, even if one version of events is clearly more credible than the other version.  As David noted, if you want to move for summary judgment, you have to make sure a witness clarifies conflicting testimony and clearly adopts one version of his or her testimony. Otherwise, the “trial judge will be constrained by the rule that requires all inferences to be drawn in favor of the nonmoving party, and your motion will be denied.”

O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. Our legal team includes top-flight commercial litigation attorneys as well as dedicated personal injury lawyers. Our clients include Fortune 500 companies as well as closely-held businesses and astute individuals. We believe every client deserves the finest representation possible for a fee they can afford. Accordingly, we offer our services at rational hourly rates and on a contingency fee basis, devise our strategies to fit the amount at stake, and are open to creative alternative fee arrangements as well. Our attorneys serve clients in Middlesex County and Suffolk County, as well as throughout Massachusetts and New England. Contact us to learn more.