Summary Judgment for Daycare Center in Wrongful Death Case.

We prevailed on a motion for summary judgment related to the duty owed to a minor business invitee in an alleged wrongful death. The plaintiff, the personal representative of the estate of a minor, filed a wrongful death claim alleging the defendant daycare center breached its duty to exercise the reasonable care owed to the minor while he was under the care and supervision of the center.

Finding of disabling, work-related injury not based on impermissible speculation as judge believed claimant and found sufficient corroborative evidence in record to support testimony; employer entitled to credit for gross short-term disability benefits.

In this case, the claimant reported sustaining work-related injuries to her neck and back as a result of a What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi