Articles Posted in Battery

A 28-year-old man was seriously injured when a Somerville resident shot him in the neck, paralyzing him from the neck down. His family filed suit for negligence, arguing that the gun the shooter used had been wrongly returned to the shooter by the Somerville police department and the city of Somerville. The police department had previously confiscated the weapon in the course of revoking the shooter’s license to carry. The Massachusetts Court of Appeals concluded that the city’s conduct was “based upon” licensing activity described in section 10(e) of the Massachusetts Torts Claims Act (MTCA) and that therefore the city was exempt from liability in this Massachusetts personal injury case.

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The victim was shot outside the shooter’s parents’ home in November 2013. The victim was visiting one of the building’s tenants and preparing to walk home when the shooter came out and confronted him and two other men. The victim had a bullet lodged in his neck and was hospitalized for a prolonged period. He’s currently a quadriplegic.

At the resulting criminal trial, the shooter’s lawyer maintained the shooting was in self-defense. He claimed that the victim and the two other men would not let the shooter back into his parents’ home and attacked him when he threatened to call the police. But prosecutors argued that a cellphone video made by the shooter showed he escalated the incident and made attempts to make it appear to be self-defense.

The Massachusetts Court of Appeals recently upheld a multi-million dollar judgment in favor of two daughters sexually abused by their father continuously for several years.

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Defendant William Kelley sexually molested and abused his two daughters, identified in court fillings as B.K. and W.K., on myriad occasions. He allegedly molested B.K. 3-5 times per week when she was between the ages of 12 and 15, and he continued to molest her on occasion when she was 16 and 17. Kelley would enter B.K.’s room almost nightly, undress, get into her bed, and fondle her. He encouraged her to masturbate and sleep in the nude, and he explained to her how to give a hand job.

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