Legal Services & Lawyers

Fogarty Law Office, at the Providence/Cranston line, is conveniently located in the Calart Tower with free handicapped accessible parking.
A General Practice firm that represents you in all phases of your life, including but not limited to Divorce, Child Suport and Custody, Land use and Zoning, Wills, Trust and Estate Planning, Civil Lititgation, Collections.

I am an attorney licensed to practice in Massachusetts and before its state and federal courts.
My specialties are; litigation, labor and employment law, collective bargaining, personal injury, automobile accidents, premises liability, real estate law including foreclosure defense, land use and zoning, administrative law, business law and corporate & LLC formation, wills, trusts & estates and municipal law.
My practice includes serving in the roles of mediator and arbitrator.
I also provide Courtroom Appearance Services for law-firms.

I am a trial lawyer and handle civil cases throughout Massachusetts. I have tried over over 100 cases to a jury verdict. I am experienced in the defense handling of insurance claims in Massachusetts state and federal courts, as well as administrative agencies and appeals.

Significant cases I have defended include:

PRODUCTS LIABILITY. Burgos v. Danly Machine, U.S. District Ct., D.Mass., 17 Verdicts, Settlement and Tactics 361-362, 1997 WL 33345564, Natl. Jury Verdict Rptr. 10:15. Defense verdict for manufacturer of 50 ton power press sued by injured worker struck by metal blanks. Roberge v. Roberge, U.S. District Ct., D.Mass., 1999 WL 33488789, 15 New England Jury Verdict Rptr. 7:C8. Verdict of no defect in defendant's bicycle operated by boy whose jaw was fractured in accident. In DaConceicao v. Tru-Grit, U.S. Dist. Ct., D.Mass. 4/02), a jury returned a verdict of no liability for breach of warranty or negligence against the supplier of a knife-making machine. Summary judgment was granted for the manufacturer in Witte v. Thermold (Worc. Dist. Ct. 7/07) for an injury caused when a shower handle broke.

WRONGFUL TERMINATION. Tuper v. North Adams Ambulance Service, Inc., 428 Mass. 132 (1998). After summary judgment on defamation and tortious interference claims, defense verdict was returned in wrongful termination case. On appeal Mass. Supreme Judicial Court upheld trial ruling that unemployment hearing decision finding employee was discharged without just cause was inadmissible and not binding in later breach of contract suit. Weissman v. Altra Marine Products (U.S. District Court, D.Mass), 1995 WL 1933839, 10 New England Jury Verdict Rptr. 12:6. Favorable verdict against manufacturer sued by representative for breach of agreement, fraud, tortious interference with advantageous relations with customer.

DEFENSE VERDICTS IN REAR-END COLLISIONS. In Rouvellat v. Guarco, 187 F.3d 622 (1st Cir. 1999), a federal jury found a defendant motorist not negligent where plaintiff claimed over $100,000 in medical and wage losses, following refusal of a generous settlement offer at mediation. In Martin v. McKenna, 2005 WL 4397793 (Hampden Super. Ct.), a jury found no negligence despite the admission in evidence that the case was previously tried to a judge who awarded $30,000 and that award was Aprima facie@ evidence in favor of the plaintiff. Similarly, in Mulvey v. Roy, 2006 WL 4654733 (Hampden Super. Ct.), the jury found no negligence on the part of a motorist who rear-ended another vehicle starting a four-car chain collision.

DEFENSE VERDICTS FOR INSURANCE AGENTS/ERRORS & OMISSIONS. In Capozza v. Johnson, 6 Western Mass. Law Trib. 4, 1 (April 2005), 2005 WL 115548 (Hampden Super. Ct.), a jury found the agency did not err in obtaining insurance coverage on a Mercedes, there was a $1.5 million verdict against the co-defendant motorist. Similarly in Greaves v. K-D Agency, 2006 WL 4654729 (Worc. Dist. Ct. 7/06), a jury returned a verdict of no negligence where an insured had reduced his coverages below his mortagage balance and was underinsured for a fire. In Chenevert v. Remillard, 1999 WL 3348883, following an uninsured theft claim a jury found no negligence, deceit or contract breach in the procurement of a homeowners policy. In Miller v. Moulton, (Palmer Dist. Ct. 3/98), a judge entered judgment for the defendant agency following trial on a claim an agent was responsible for an insured being uninsured for a restaurant fire. In Harder v. Cebula, (Palmer Dist Ct. 3/93), a defense finding was entered after trial exonerating an agent for uninsured damages for a boiler loss.

SUMMARY JUDGMENT FOR AGENTS/E&O. In both Leger v. INA, 38 Mass. App. Ct. 1102 (1995), and Grey v. Finn, (Franklin Super. Ct. 11/1/00), an agent was granted summary judgment following an uninsured fire loss. In Lata v. Remillard (Norfolk Super. Ct. 10/29/04), summary judgment was granted on a claim an agent failed to procure sufficient underinsured motorist limits. In Sacadura v. Ideal (Springfield Dist. Ct. 7/04), a directed verdict was granted at trial where a homeowner sued his agent to cover an uninsured dog bite loss.

SUMMARY JUDGMENT IN LEGAL MALPRACTICE CLAIM. In Bratcher v. Moriarty, Donoghue & Leja, P.C., 54 Mass. 111 (2002), the court found no duty existed between the lawyer for the widow in a wrongful death action and the co-administrator of the decedent=s estate.

FAVORABLE VERDICTS FOR AT-FAULT TRUCKING COMPANIES. In Fernandez v. May Trucking Co., 1993 WL 1466090, and Bird v. Lott Trucking, 2001 WL 1041973, jury verdicts were obtained in a nominal amount well below the last offer of settlement. In Digiovanni v. Borden and McCormick v. Borden (U.S. Dist. Ct. 10/92), a jury awarded nominal damages to a mother and daughter claiming injury from a rear-end collision. Similarly, in Gendron v. Waste Management, 2002 Mass. Super. LEXIS 32057895, a jury rejected a claim of permanent disability and awarded only special damages to a plaintiff.

DEFENSE VERDCTS WHERE MOTORIST STRUCK BICYCLIST/PEDESTRIAN. In Evans v. Devereaux Foundation, 1992 WL 1352918, a jury found a motorist who struck a pedestrian in a cross-walk not negligent. In Boyle v. Silluzio, 2005 WL 2148520, the jury found a negligent motorist who struck a bicyclist at an intersection cross-walk was not causally responsible for plaintiff=s damages. In Delmolino v. Doyle (34 Mass. Lawyers Weekly 593, Nov. 7, 2005), a pedestrian struck by a backing motorist in a parking lot was found not negligent.

SUMMARY JUDGMENT FOR NURSING HOME IN WRONGFUL DEATH ACTION. In Fentross v. Geriatric Authority of Holyoke, 2002 Mass. Super. LEXIS 533, a dismissal was obtained for failure to make presentment under torts claims act.

PARTIAL SUMMARY JUDGMENT ENFORCING DAMAGES CAP IN BRAIN INJURY CLAIM.In Reynolds v. Williston Northampton School, 2006 Mass. Super. LEXIS 46, court allowed motion for summary judgment enforcing charitable cap on claim of brain injury allegedly suffered by spectator due to premises defect at private school's hockey facility rented to outside group.

DIRECTED VERDICTS. In Roman v. Pulaski Club (Hampden Super. Ct. 10/92), a judge dismissed a negligent security claim against a private club where one patron assaulted another. In Ditto v. Town of Palmer, 1995 WL 1722613, a road defect claim alleged to have caused a motorcycle accident was dismissed at the close of the plaintiff=s evidence.

PREMISES DEFECT CLAIMS. In Lash v. Apollo, 1995 WL 1768599, 10 Nat'l. Jury Verdict Rptr. 7:26, a jury rendered a verdict of no negligence where a deliveryman was claiming $150,000 in special damages and permanent impairment from a fall at allegedly unsafe premises.

DEFENSE VERDICTS OF MOTOR VEHICLE ACCIDENTS. In Glabicki v. Sarad, 1991 WL 1063382, no negligence was found on the part of a truck driver for a broadside accident where plaintiff had significant special damages and permanency. In Antuna v. Bergollo, 2004 Mass. Super. LEXIS 2216614, a jury found no negligence on the part of a motorist who took a right on red and whose vehicle was then struck. In Reyes v. Florence Casket (Springfield Dist. Ct. 5/04), a jury found no negligence on the part of delivery truck alleged to have sideswiped a vehicle backing into a parking spot. In Meadows v. Travel Time, 7 New England Jury Verdict Rptr. 2:16, a bus company was found not negligent by a jury for a disc injury allegedly caused when the bus went over a speed bump at an inappropriate speed.

APPEALS COURT REVERSAL OF PLAINTIFF'S VERDICT. In Gibbons v. Nichols [Tenneco], 1994 Mass. App. Div. 28, the Appellate Court vacated a finding for the plaintiff in an intersection accident and granted a new trial due to judicial error against the defendant.

NEW TRIAL GRANTED IN $1.5M VERDICT. In CIGNA Fire Underwriters Ins. Co. v. MacDonald & Johnson, Inc., 86 F.3d 1260 (1996), a federal judge allowed judgment notwithstanding the verdict of $750,000 on tortious interference counterclaim against insurer, and new trial on breach of contract claim verdict of $500,000, which was reduced to $250,000 on re-trial.

My law firm partner and I operate a practice on the West End of Portland, Maine. We have a different philosophy than other law firms - we believe that the client should be the focus, instead of the billable hour.

We provide services to clients in the following areas:

Cumberland County, Maine
York County, Maine
Androscoggin County, Maine
Sagadahoc County, Maine

Including the cities and towns of:

Portland, ME
South Portland, ME
Westbrook, ME
Scarborough, ME
Cumberland, ME
Falmouth, ME
Gorham, ME
Yarmouth, ME
Buxton, ME
Hollis, ME
Standish, ME
Windham, ME
Freeport, ME
Biddeford, ME
Saco, ME
Old Orchard Beach, ME
Wells, ME
Cornish, ME
Berwick, ME
Lebanon, ME
Sanford, ME
Springvale, ME
Kennebunk, ME
Brunswick, ME
Bath, ME
Harpswell, ME
Lewiston, ME
Auburn, ME

And we handle cases in the following practice areas:

PORTLAND MAINE AREA BANKRUPTCY

Chapter 7 bankruptcy
Chapter 12 bankruptcy
Chapter 13 bankruptcy
Adversary actions
Debtor audits
Reaffirmation agreements
Business bankruptcy

PORTLAND MAINE AREA BUSINESS AND CORPORATE LAW

Americans with Disabilities Act
Asset protection
Business financing
Business operations
Business regulations
Buy/Sell agreements
Bylaws
Business closing
Business and Corporate Real Estate Matters
Confidentiality agreements
Contracts
Corporations
Employment agreements
Employment Discrimination
Family partnersips
Forms
Incorporation
Independent contractor agreements
Joint ventures
Employment law
Limited Liability Companies
Limited Liability Partnerships
Litigation
Maine Human Rights Commission
Non-Profit Corporations
Noncompete agreements
Severance agreements
Severance pay
Shareholder agreeements
Sole proprietorships
Starting a business
Wage and hour laws

PORTLAND MAINE AREA CRIMINAL DEFENSE

Operating under the Influence (OUI)
Operating after Suspension (OAS)
Fleeing and eluding
Reckless driving
Juvenile charges and arrests
Assault and battery
Criminal mischief
Disorderly conduct
Loitering and Cruising
Obstructing justice
Theft
Shoplifting
Trespass
Portland Maine Area Felony Crimes

PORTLAND MAINE AREA DIVORCE and FAMILY LAW

Adoption
Alimony
Annulments
Child abuse
Child custody
Child support
Child support enforcement
Conservatorship
Divorce
Domestic partnerships
Family Court proceedings
Family law
Foster care
Guardian ad Litem services
GLBT family law
Grandparent custody and visitation rights
Grandparent rights
Guardianship
Name change
Parental Rights and Responsibilities
Paternity
Postnuptial agreements
Protection from Abuse
Protection from Harassment
Prenuptial agreements
Separation

PORTLAND AREA ELDER LAW, ESTATE PLANNING, TRUSTS, PROBATE and WILLS

Administering estates and trusts
Advanced directives
Assisted Living
Court representation for executors, trustees, creditors or beneficiaries
Elder Abuse
Estate and trust accountings
Estate administration and settlement
Estate litigation - Contested estates and trusts
Estate real estate sales
Financial Power of Attorney
Guardianships
Health Care Power of Attorney
Intestacy
Life estates
Living trusts or Intervivos trusts
Living wills
Nursing home abuse
Nursing home negligence
Power of Attorney
Probate of wills
Representation of executors and trustees
Representation of out-of-state beneficiaries
Social Security Disability
Spousal inheritance disputes
Wills
Will Contests

PORTLAND MAINE AREA PERSONAL INJURY and ACCIDENTS

Auto accident and injuries
Automobile accident
Bicycle or bike accident
Car accident
Construction accident
Dog bite injury
Drunk driving accident
Farming accident
Highway accident
Industrial accident
Workplace accident
Boat accident
Motorcycle accident
Snowmobile accident
Motor vehicle defect
Pedestrian accident
Products liability
Defective products
Truck accident
Slip and fall
Toxic mold exposure
Wrongful death

PORTLAND MAINE RESIDENTIAL and COMMERCIAL REAL ESTATE

Adjustable rate mortgage guidance
Adverse possession
Boundary disputes
Breach of warranty under title insurance
Condemnation help
Condominiums
Construction contracts
Covenants
Deeds
Easements
Foreclosure
Foreclosure Short Sales
Foreclosure Assistance
Homeowners Associations
Housing Discrimination
Lease
Lease with Option to Buy
Liens
Mortgage Fraud
Mortgage Law
Maine Real Estate Leases
Maine Real Estate Advice
Maine Real Estate Litigation
Options to purchase
Predatory lending
Probate
Promissory notes
Property law
Quiet title
Quit Claim Deeds
Real estate agent malpractice
Refinancing
Residential closings
Commercial closings
Rights of way
Stop foreclosure
Subdivisions
Title insurance
Violations of the Fair Housing Act
Zoning