H & H FILES SUPERIOR COURT SUIT AGAINST TRANSPORTATION GIANT UBER, ADDING TO UBER’S RECENT LEGAL WOES.

DEPOSITION OF TAXI DRIVER REVEALED THAT HE WAS CARRYING AN UBER CUSTOMER AT THE TIME HE STRUCK A SCHOOLGIRL IN A CROSSWALK IN BOSTON.

In 2013, a licensed Boston Taxi struck and injured a schoolgirl while she was crossing the street to catch the morning school bus. H & H filed suit against the Taxi Driver and medallion owner in 2014. During the deposition of the Taxi driver he testified for the first time in the case that he was using the Uber system and carrying an Uber customer at the time of the accident. H & H filed a Motion to Amend requesting to add Uber as a party Defendant alleging that Uber is responsible on a theory of vicarious liability. The Motion was allowed and H & H recently filed its Amended Complaint adding Uber as a party. We will keep you posted on further developments as the case progresses.

chris hamiltonAttorney Chris Hamilton, recently filed and won a motion to dismiss against a plaintiff seeking to hold a CEO and sole shareholder of a software Corporation personally liable in a breach of warranty and consumer protection lawsuit in Middlesex Superior Court.

The plaintiff in the action filed counts against the president and CEO of the company personally, based almost exclusively on the CEO's status as president and sole shareholder. Attorney Hamilton filed a motion to dismiss arguing that there was absolutely no basis in fact or law to hold the CEO personally liable. Relying heavily on the analysis in the case of My Bread Baking Co. vs. Cumberland Farms, Inc. et al, 353 Mass. 614 (1968), attorney Hamilton argued that sole ownership alone is not a sufficient basis for piercing the corporate veil and holding a corporate officer personally liable. The Superior Court agreed and dismissed all counts in their entirety seeking to hold the CEO personally liable.