Where (1) a plaintiff was severely injured in a workplace accident, (2) this court found that the defendant manufacturer of the trailer involved in the accident was not negligent or in breach of any warranty, (3) the plaintiff’s motion to amend the complaint to add a G.L.c. 93A claim was denied as untimely and (4) the plaintiff failed to appeal from the denial of the motion to amend, no exception to the rules of res judicata would allow the plaintiff to bring suit for the 93A claims against the defendant.
Hatch v. Trail King Industries, Inc. (Lawyers Weekly No. 01-288-12) (23 pages) (Lynch, C.J.) (1st Circuit) Appealed from a decision by Stearns, J., in the U.S. District Court for the District of Massachusetts. J. Michael Conley, with whom Kenney & Conley was on brief, for the plaintiffs-appellants; Myles W. McDonough, with whom Christopher M. Reilly and Sloane & Walsh were on brief, for the defendant-appellee (Docket No. 12-1473) (Nov. 2, 2012).