The Court Dismisses the Case Against Me Today

choi

(1) My tormentors also read my postings. So I will not say more. (As I indicated after the mental hospital released me in October 2015, I would disclose what was going on. I still intend to keep that promise. Yet my own investigation is not over.) After I came to US, I learn hat here in both civil and criminal proceedings here (in US), there are elements for each offense/crime (in criminal proceeding) or tort (the latter in civil proceeding).  

(2) David G Owen, The Five Elements of the Tort. Hofstra Law Review, 35: 1671-1686 (2007)
http://law.hofstra.edu/pdf/acade ... sues_v35n04_i01.pdf

Quote: "most courts6 and commentators7 in time came to assert that it contains four elements. In perhaps its most conventional current iteration, negligence is
formulated in terms of duty, breach, cause, and damage.8

Footnote 6 includes Massachusetts (but not New York).

(3) However, Massachusetts also requires proximate cause. See Proximate Cause: Personal Injury Claim Causation Requirement. Offices of Andrew D Myers, undated.
http://attorney-myers.com/2013/0 ... y-caus-requirement/
(a) Andrew D Myers is a Boston attorney specializing medical malpractice. In other words, he sues doctors on behalf on patients.

(b) "An injury claim by Mrs Palsgraf, the injured woman, against the Long Island Railroad was rejected by the majority opinion of the highest court in New York."

Palsgraf v Long Island Railroad Co, 248 NY 339 (1928).
www.courts.state.ny.us/reporter/archives/palsgraf_lirr.htm
(i) Read facts only.
(ii) The [340] (in red color) in the first Web page means that in print, page 340 starts there.
(iii) Before "[340]." There is "CITE TITLE AS: Palsgraf v Long Is. R.R. Co" where "R.R." stands or "Railroad" in legal notation. (Because railroads were commonly sied in those days, and the word "railroad" is too long for the title of a case.

(c) "There's a saying 'stuff happens.'  OK, this is a paraphrase."

The last sentence alludes to the more common phrase: "Shit happens."
https://en.wikipedia.org/wiki/Shit_happens
("observation that life is full of unpredictable events, either 'Así es la vida' or 'C'est la vie' [French]")
(i) "Así es la vida" is Spanish.
https://en.wikipedia.org/wiki/As%C3%AD_es_la_vida
(ii) Spanish-English dictionary:
* así (adverb; from Latin [adverb] sīc [thus, so, just like that]): "like this; like that; as such; thus; so"

(d) "A teenager whose parents are out of town invites friends over.  The teens bring alcohol.  A 16-year-old boy falls asleep on the ground near a driveway.   Another teenager backs her car, running over and seriously injuring the napping 16-year old.  In this Massachusetts case brought by the injured boy's family against the boy who held the party and his family, the court held that a chance combination of the plaintiff falling asleep near a tree and the girl backing her vehicle without checking to see if anything was in her path conclusively broke the chain of causation from the defendant’s negligence, if any.  The unforeseeable action of the girl was a superseding cause, cutting off any liability of the booze party host."

Otero v. Fazio, 2007 WL 2705834 (Mass. Super. Ct.)

It is a Superior Court case, which in Massachusetts has no precedential value (not a legal precedent), The highest state court (Supreme Judicial Court) has said several times.

In any event, I can not find the case in the Web.