Message from Attorney Milne . . . Welcome to the web site for Milne Law Offices. In America the civil justice system provides each citizen his or her day in court. This is a right which is essential to democracy, justice and fairness in our society. Over the years I have had the honor and responsibility of representing individuals and groups of individuals who have been able to find justice in our system. This process includes learning the truth, confronting and holding accountable those who have done wrong and helping to prevent the same wrong from happening to others. I believe in our system and understand the profound responsibility that comes when you serve as the lawyer for another. This web site will allow you to learn about my law firm and experience. Read articles in Massachusetts Lawyers Weekly Read about Lawyer of the Year Overview: Chris A. Milne is a civil trial lawyer and professional lawyer/trustee with a private practice in Dover, Massachusetts. Mr. Milne concentrates in the representation of children in civil tort cases and also serves as a professional trustee with a focus on children and adults with disabilities. Mr. Milne has lectured and written extensively on the subject of the representation of, and serving as trustee for, children. Mr. Milne's staff includes, his wife Marjorie, a former financial analyst with the Federal Reserve Bank of Boston, two associate attorneys experienced and specially educated in both special education advocacy and litigation support, and an employee who is dedicated to obtaining necessary information to support trust families in investing in their children. Mr. Milne's practice also includes a network of consultants that seeks to bring the highest caliber of service to each client. Mr. Milne is a member of the Massachusetts Academy of Trial Lawyers, Massachusetts Bar Association, Norfolk County Bar Association, American Trial Lawyers Association, and the American Association on Mental retardation. Notable Cases: Attorney Milne has successfully represented individuals in hundreds of cases over the past 15 years. Attorney Milne's experience includes the following areas of practice: medical malpractice, products liability, environmental tort litigation, including the successful trial of a "sick building case," civil rights, psychiatric malpractice including suicide, municipal liability, sexual abuse and general liability cases. A sample of some of Attorney Milne's notable cases are listed below. Trial Court: The Norfolk Probate Court Case, Schmidt et als. v. Perini at als., Norfolk Superior Court, Civil Action No. 02-614. Successfully obtained Permanent Injunction for relocation of the Norfolk Probate and Family Court. Case culminated with 2 1/2 week trial in the Superior Court. Case was handled Pro Bono with expenses of litigation funded by a blind trust. See links to articles in the Boston Globe and Massachusetts Lawyers Weekly for facts and background of this case. Case Name Withheld. Medical Malpractice/Civil Rights. Failure To Provide Medical Care To Involuntarily Committed Mental Patient resulting in suicide. $460,000.00 settlement achieved for 3 surviving children on seventh day of jury trial. Case was resolved on April 18, 2001. This case arose out of the death of the plaintiff, a 35-year-old divorced mother of three, on July 14, 1993. The decedent had been involuntarily committed on July 9, 1993, to a detoxification facility, due to abuse of drugs and imminent risk of harm to herself. The patient had a history of approximately eight prior suicide attempts. Two days after her admission, the plaintiff was experiencing hallucinations, experiencing suicidal ideation, and her overall mental status was deteriorating. On Sunday, July 11, the plaintiff's decedent was sent to a facility that had a contractual relationship with the detoxification facility to provide suicide and safety evaluations. The defendant allegedly made a decision not to come in and evaluate the patient. The plaintiff alleged that the physician was negligent in failing to personally evaluate this highly suicidal patient, for relying on inadequately trained clinicians and for entering inappropriate orders allowing her to return to the detoxification facility - where her condition continued to deteriorate and she hung herself three days later. The case proceeded to trial against the defendant psychiatrist and on the seventh day of trial it settled. The decedent's two sons ages 25 and 20 attended the trial each day and used this as an opportunity to process and understand their mothers last days, her love for them and her profound desire to live. Because of her age and the risk of further psychiatric injury the decedent's minor daughter did not take part in the legal proceedings. See 29 M.L.W. 2562, July 16, 2001. See also 28 M.L.W. 1980, May 8, 2000 ("No Immunity for State Physician"). Civil Rights. Arrest ­ Excessive Force. Lenihan v. Carrier, U.S. District Court, No. 94-12308-DPW. Jury trial before the Honorable Douglas P. Woodlock . The plaintiff alleged that the defendant police officer used excessive force while arresting him in Peabody. The defendant and two other police officers testified at trial that they did not use excessive force and did not assault and batter the plaintiff. The plaintiff's witnesses included the plaintiff and a friend who witnessed the incident. The verdict in the plaintiff's favor was as set forth in McCann v. Coughlin, 698 F.2d 112, 128 (1983). The plaintiff had testified at trial that he was not seriously injured. He had described a sprain and some bruising for which he visited the hospital on one occasion. The charge for that hospital visit was $417.50, the amount of the jury's compensatory award. The plaintiff on direct and redirect examination stated under oath that he brought the case on principle and that it was not about money. The plaintiff said he had respected authority his whole life, a belief that had been shaken following the alleged incident. He asked the jury to restore his faith in the legal system through a verdict in his favor. The jury unanimously found in favor of the plaintiff. However, the jury chose not to award punitive damages. The defendant appealed the verdict, but the court dismissed the appeal. The Court awarded costs and attorneys fees to the plaintiff as the prevailing party totaling $14,000.00. See 28 M.L.W. 2903, August 21, 2000. Medical Malpractice/Negligence. Keene v. Brigham and Women's Hospital, Norfolk Superior Court, No. 95-01081. 4.1 Million Dollar award for child who suffered profound brain damage shortly after birth due to untreated infection. Case involves significant legal issues of power of trial judge to enter sanctions pursuant to Rule 37 and issue of first impression on whether loss of enjoyment of life is compensable for individual with profound mental retardation. The case is presently on appeal. See Kathleen Burge, "Malpractice suit sparks quandary," BOSTON GLOBE, September 23, 2001, at B1.; Joseph Ellement "Lost Records Complicate Suit on Behalf of Child," BOSTON GLOBE, October 10, 1997, at A1; Marc Daniel, "Family Awarded $6.5m in Hospital Suit," BOSTON GLOBE, March 30, 2000, at B1, and; "Hospital Sanctioned For 'Missing' Discovery Data: Charitable Immunity Doesn't Preclude Penalty," MASSACHUSETTS LAWYERS WEEKLY, October, 13, 1997, at 26 M.L.W. 307. Goffigan, et al. v. Academy Homes, et al., Suffolk Superior Court, C.A. No. 95-5997B. As reported in The Boston Herald: "Nearly four years after 9-year-old Jermaine Goffigan became the city's youngest murder victim, his family has been handed more than half a million dollars to help heal its wounds. The landlord of the housing project where "Manny" Goffigan was shot to death on Halloween, his birthday, has agreed to pay $550,000 to settle a suit brought by his still-haunted family. 'They (the owners) were in the wrong. But why should someone have to lose their life before they wake up to what they need to do,' said his anguished mother, Deborah Haskins, surrounded by photos of Jermaine and her other kids. 'This isn't going to bring my son back. No type of money could do that. But it can help the rest of my children move on,' she said. The family's civil case was scheduled for trial in Suffolk Superior Court next month, but last week the sides agreed to settle. Haskins has argued the project, Roxbury's Academy Homes I, was unsafe and the owners knew it. The site of several shootings, and the murder of another boy a year before, Academy Homes had no security patrols and its surveillance cameras were unmanned after 5 p.m. The project was so dimly lit, residents referred to it as the 'dark side,' said the suit against Academy Buse, the owners, and Loring Smith, the manager." "The individuals who shot Jermaine were able to walk nonchalantly into the heart of the community, start shooting and then exit the way they entered without any fear of apprehension,' said Chris Milne, one of the family's lawyers. 'Basic security measures would have prevented this,' he said." "The settlement agreement sets up a trust for Jerome, now 16, who was devastated by his kid brother's death." See Andrea Estes, Slain boy's kin to get $550G to settle suit, BOSTON HERALD, OCTOBER 16, 1998, AT 7. Rowell v. Compass, Suffolk Superior Court, C.A. No. SUCV97-03555E. As reported in The Boston Globe: "A Suffolk Superior Court judge approved a $600,000 agreement yesterday that settles a negligent-supervision lawsuit filed by a family whose 9-year-old daughter wandered away from an after-school program and was struck by a car. The settlement, approved by Judge E. Susan Garsh, ends a lawsuit brought by Deborah and Gregory Rowell on behalf of their daughter. 'I'm just thankful to God she got a second chance,' Debra Rowell said. 'I just don't want it to happen to anybody else's child. The money doesn't mean anything to me. She's living and that's all that matters.' The bulk of the settlement will be put in a trust fund to help defray her future educational costs." See John Ellement, Injured girl's family wins $600,000, BOSTON GLOBE, November 4, 1998. Case Name Withheld, but as reported: "Following the Money -- Lawyers for a Girl who Fell From a Public Housing Staircase Use a Unique Argument to Obtain a $2M Settlement", 23 M.L.W. 2095 (June 26, 1995) ($2,000,000.00 recovery for 10-year-old child. Defendant was the owner of 28 Building Projects subsidized by HUD; Settlement is held in trust to provide for private special needs, and educational and lifetime support; Complex medical testimony coordinated with Pediatric Neurologist, Pediatric Neuropsychologist, Vocational Psychologist, Economist, and Doctor of Education; Litigation resulted in project being added to HUD list of troubled developments and the railings in the common hallways being raised in the entire 28-building project. See 24 MASS. LAW. WKLY 126 1, February 26, 1996 (This was the largest reported settlement in 1995 in Massachusetts on behalf of a child). Castro v. Mahoney, et al., Southeast Housing Court, C.A. No. 94CV00147, settled September 1996 ($680,000.00 recovery for 9-year-old child). See David L. Yas, "See David L. Yas, Should Lead Paint Strategy Focus on Rehabilitation?", 25 MASS. LAW.WKLY. 509 (Nov. 12, 1996) (a critical analysis of the approach suggested by plaintiff's counsel as used in the Castro case); see also Trial Report, Castro v. Mahoney, et al., 25 MASS. LAW.WKLY. 542 (Nov.12, 1996). Locke, et al. v. Quincy Housing Authority, Norfolk Superior Court, C.A. No. 94-501, litigation resolved in Norfolk Superior Court; Class action lawsuit certified on behalf of Public housing tenants by the Court; See "News Briefs, Class Action Certified Over Lead Paint," MASS. LAW. WKLY., November 7, 1994 ("the first class action certified against a housing authority for damages arising out of lead paint in Massachusetts"). A preliminary injunction was also obtained for the deleading of the entire project. See also "City Settles Lead Paint Law Suit; Each Tenant will get $1,100 and Entire Housing Project Must be Deleaded" (Patriot Ledger Front Page September 10, 1997) See, "AHA told: Get Lead Out, Couple happy with court's ruling", THE TIMES, Pawtucket, R.I., August 23, 1991 (Obtained emergency court order for deleading of 175 unit Veterans Housing Project in case of Boisse v. Attleboro Housing Authority). This case was handled pro bono. See, "Lead Paint Plaintiffs Find New Remedy," 19 M.L.W. 1289, April 1, 1991 (Report of three cases in different counties where injunctive relief for deleading and pre-payments for alternate housing and food was obtained - setting persuasive authority that was followed throughout the Commonwealth at the trial court level). See also "Lead Paint Ruling Victory for the Poor", Boston Herald Products Liability Cases Attorney Milne has handled a number of products liability cases involving serious injury to children and adults. Attorney Milne handled to conclusion the case of Jokl v. ChildLife, Inc. which involved a product known as "The Space Trolley." See Kathleen Burge, "Life Shattered, Paralyzed teenagers family takes ChildLife to court," The Boston Globe, December 17, 2001. Premises Liability. Attorney Milne's willingness to take on difficult and meritorious cases gained him national and international attention with a wrongful birth case arising out of the John Salvi abortion clinic shootings. This case covered in full two page featured article in the Washington Post. Deborah's Choice. A Gunman Stopped Her Abortion. And Gave Her a Burden She Can't Bear. [John Salvi Shooting case] (Washington Post, Sept. 27, 1998) Employment: Milne Law Offices, Dover, Massachusetts, 1997-Present. Of Counsel, Shuman & Ross, P.C., Sharon, Massachusetts, 1997-Present. Rainer & Rainer, P.C., Boston, Massachusetts, 1990-97, Associate Attorney. Tried over three dozen civil personal injury cases to verdicts (20+ jury trials) in the District, Housing, and Superior Courts in Massachusetts, primarily representing indigent citizens of the Roxbury and Dorchester neighborhoods of Boston in suits involving injuries caused by substandard housing; responsible for managing lead litigation division of firm, overseeing approximately four hundred cases and the work of six associate attorneys; experience includes all aspects of complex litigation; briefed and argued cases before the Mass. Appeals Court and Supreme Judicial Court. Law Offices of Richard E. Blumsack, Somerville, Massachusetts, 1987-1990, Associate Attorney. Responsible for all aspects of handling civil and criminal cases; worked closely with veteran trial attorney gaining invaluable experience in trial preparation, discovery, and summary judgment motions; briefed and argued case of Genova v. Genova before Mass. Appeals Court. Academic/ Other: University of Massachusetts Medical Center, Associate Faculty, Child Trust Program, Center for Adoption Research, Jan. 2001- Oct. 2002: Founder and involved in administration of program that provides case workers and multidisciplinary evaluations, services and advocacy for children and adults with special needs trusts. (uncompensated position so as to avoid conflict of interest or appearance of conflict of interest). Suffolk University, Boston Massachusetts, 1990-1997, Adjunct Faculty. Taught courses in June'93 at College of Liberal Arts and Sciences on administrative law and personal injury law; also received appointment as Master Lecturer in Department of Psychology for Law and Psychology course. Newbury College, Boston, Massachusetts, 1988-1991, Instructor. Instructed students in various courses including litigation, legal research, and criminal law. Publications/ Presentations: Dana-Farber Cancer Institute, Pediatric Neuro--Oncology Outcomes Program, "Transitions in Life -- A Symposium for Brain Tumor Survivors and their Families," April 5, 2003, Organized Legal faculty for subjects of guardianships and disability planning and presented on the role of a professional trustee. January 2003, Presented to Luncheon of Administration of Justice and Environmental Law Committees of the Boston Bar Association on the Successful Norfolk Probate Court Case. Milne, Chris A., "A Look at Spoliation After Fletcher and Keene," MATA Journal, Winter 2003. Milne, Chris A., "Notable Decisions, Fletcher v. Dorchester Mutual Insurance Company, 437 Mass. 544 (2002)," MATA Journal, Fall 2002. Milne, Chris A., "Proof of Liability for Sick Building Cases," American Jurisprudence Proof of Facts 3d, [Writing under contract/in progress]. Milne, Chris A., MCLE 5th Annual Personal Injury Conference, Part of Faculty which included a Justice of the Supreme Judicial Court, Gave presentation on Spoliation of Evidence, May 2002. Milne, Chris A., "Children Lose When Same-Sex Parents are Denied the Benefits of Marriage," The Boston Law Tribune. Milne, Chris A., "Media Pointers in Cases Involving Children," 30 M.L.W. 3457, November 12, 2001. Milne, Chris A., Chapter 6, "Lead Paint Complying with Massachusetts Law," Chapter of MCLE book Residential and Commercial Landlord-Tenant Practice in MA. Milne, Chris A., "The Use of Minor's Settlement Petitions and Preparation for Court Approval," presented to Massachusetts Academy of Trial Attorneys, 11th Annual Convention, March 23, 2001, Chris A. Milne. Milne, Chris A., "Administration of a Trust for a Disabled Child," presented to Elder and Disability Law Conference, MCLE, November 3, 2000. Milne, Chris A., Section 3 on "Charitable Immunity" for seminar and publication entitled, Handling Tort Claims Against Governmental & Nonprofit Entities, MCLE, July 2000. Rubin, L., Garrettson, L., Milne C., "Lead Poisoning in Our Society: Models of Advocacy, Medical, Legal and Legislative," presentation to Medicine Division, American Association on Mental Retardation, Annual Meeting, Washington, D.C., June 2000. Drs. Rubin and Garrettson are internationally known in their respective fields of models of care of individuals with severe or profound retardation and the long-term effects of childhood lead poisoning Milne, Chris A., Section 5:40 "Settlement of Cases Where a Minor is Involved" for seminar and publication entitled The Unsettling Side of Personal Injury Settlements, Suffolk University Law School, Advanced Legal Studies, November 19, 1998. Milne, Chris A., "The Child's Tort Case: Ethics, Education and Social Responsibility" XXX Suffolk U.L. Rev. (1997). Milne, Chris A., et al. The Child's Tort Case: Ethics Education and Social Responsibility, Massachusetts Center for Continuing Legal Education (98-17.02). Library of Congress Card Number: 97-746440. Milne, Chris A., "Tort Law: Child Tort Cases: Education, Responsibility," 26 M.L.W. 1429, March 2, 1998. Milne, Chris A., "The Vermont Lead Law: An Opportunity to Serve as a Helping Professional," THE VERMONT BAR JOURNAL & LAW DIGEST, Volume 22, No. 6 (Dec. 1996). Milne, Chris A., "There is Liability For Natural Accumulation for Ice and Snow ", 24 MASS. LAW. WKLY.1479, April 1, 1996 [See, McAllister v. Boston Housing Authority, 429 Mass. 300 (1999). In McAllister the Court recognized that the Sanitary and Building codes created a duty in negligence to remove ice and snow from steps and stairs, but rejected argument that a natural accumulation violated the implied warranty of habitability]. Milne, Chris A., "Requiring Court Approval For Minor's Settlements", 24 MASS. LAW. WKLY. 1123, February 12, 1996. Milne, Chris A., et al., "Childhood Lead Toxicity: Concepts and Terminology," 24 M.L.W. 391, October 30, 1995. Milne, Chris A., et al., "Torts: Lead Paint Litigation-Challenges in the 1990's" MASS. LAW. WKLY., January 31, 1994. Chris A. Milne, "The Preliminary Injunction: A Valuable Tool For The Lead Paint Litigator" MEALEY'S LITIGATION REPORTS - LEAD, April 22, 1992. Milne, Chris A., "Representing Indigent Clients in Eviction Proceedings Where There is a Lead Poisoned Child," presentation to quarterly meeting of Massachusetts Association of Housing Advocates, June 1991. Education: Suffolk University Law School, Boston, Massachusetts, Juris Doctor, Cum Laude, June 1987. Bryant College, Smithfield, Rhode Island, B.S. Business Administration, Major in Economics, May 1982. Activities: Varsity Track and Cross-Country (school record in 1500m and 5k in track). Honors: Dean's List. Appellate Cases: Keene v. Brigham & Women's Hospital, Supreme Judicial Court No. 08894, Oral Argument on Hospital's Further Appeal was held on January 9, 2003 and the decision of the Supreme Judicial Court is under advisement. Keene v. Brigham & Women's Hospital, 56 Mass. App. Ct. 10 (2002). Barnett v. City of Lynn, 433 Mass. 662 (2001). See concurring opinion of Justice Ireland, "Once again, those who could have remedied a known danger are relieved of legal responsibility under the shield of the Massachusetts Tort Claims Act, while a family is left to grieve over a young life cut shortI again invite the legislature to reconsider the statutory framework in light of the consequences it has wrought." Barnett 667-668. McAllister v. Boston Housing Authority, 429 Mass. 300 (1999). Lynch v. James, 44 Mass. App. Ct. 448 (1998). Smola v. Higgins, 42 Mass. App. Ct. 724 (1997). Safety Ins. Co. v. Laurent, 416 Mass. 500 (1993). Genova v. Genova, 28 Mass. App. Ct. 647 (1990). Honors and Awards: Lawyer of the Year, December 2002 Named by Massachusetts Lawyers Weekly in 2002 as a Lawyer of the Year, Attorney Milne was honored for his work in relocating the Norfolk County Probate and Family Court. Attorney Milne successfully filed suit against the Trial Court Department thereby ending a quarter century battle to move the employees and citizens of the Norfolk Probate and Family Court out of a building that had been deemed "sick" for many years. Massachusetts Lawyers Weekly stated "the real-life protagonist in this story was Dover attorney Chris A. Milne, and most of the people were his clients ­ the employees of the embattered Norfolk Probate Court ­ and the Superior Court judge who would ultimately order the temporary relocation of the Court." Edward M. Ginsburg Service Award, American Association of Matrimonial Lawyers, April 2003 Attorney Milne was honored for his "dedicated service in promoting the welfare and safety of the public and of all those who serve in the Norfolk County Probate & Family Court, and for your skill and diligence in protecting and preserving access to justice to the many who need and seek the assistance of the Court." Grateful Recognition, SEIU Local 254 and OPEIU Local 6, January 2003 In connection with Attorney Milne's work in relocating the Norfolk County Probate and Family Court, SEIU Local 254 and OPEIU Local 6 honored Attorney Milne for his "tireless efforts, sleepless nights, and selfless dedication. We will enjoy a new day because of your caring and work." Memberships: Massachusetts Bar Association, Norfolk County Bar Association, Massachusetts Academy of Trial Lawyers, American Association of Trial Lawyers, American Association on Mental Retardation.