In a case that came down from the Massachusetts Appeals Court this week (July 31, 2019), it was held that “garden variety oversight” by defense counsel was not grounds to allow additional time to file an appeal. In the case, Edward R. Pierce v. Hansen Engineering and Machinery, 18—1355, Massachusetts Appeals Court (2019), the plaintiff, Mr. Pierce was injured on the job. He alleged that the he was maneuvering a pallet jack from a truck onto a loading dock, with 800 pounds of freight on it, over a dock plate (which lies between a truck and the loading dock) and that the dock plate was defective causing him to fall, necessitating hip surgery and that he is unable to return to work.
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