(Download) "Martha Ellen Byington v. City Boston" by Appeals Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Martha Ellen Byington v. City Boston
- Author : Appeals Court of Massachusetts
- Release Date : January 03, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Attorney at Law, Attorney as witness, Disqualification. Witness, Attorney as witness. The plaintiff, whose husband was, until March 20, 1990, chief of litigation in the city's law department, sued the city on August 25, 1993, for injuries she incurred two months before stepping from a curb into a crosswalk at the corner of Stuart and Clarendon Streets. She is represented by Mr. J. Daniel Lindley, an associate in her husband's law firm. She appeals from an order disqualifying Mr. Lindley as her counsel ""on the ground that [his] continued representation of [the] plaintiff would 'taint the legal system', see Borman v. Borman, 378 Mass. 775, 393 N.E.2d 847 [,788] (1979), in light of both the interrogatory answer identifying [the plaintiff's husband] as a person having knowledge of his wife's accident and [his] prior relationship with the City of Boston"" (emphasis original). The interrogatory answer referred to listed the husband as one having knowledge of facts set forth in the complaint, the facts being (as disclosed by affidavits) those relating to the extent of the plaintiff's pain, suffering, and inability to carry on her usual pursuits.