Personal Injury Legal Glossary – M
Magistrate: Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.
Malfeasance: Commission of a wrongful act; evil doing; wrongful conduct.
Malicious Prosecution: An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
Mandamus: A writ issued by a court ordering a public official to perform an act.
Manslaughter: The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). See also murder.
Material Fact: Generally, a fact essential to a case or a defense without which said case or defense could not be supported.
Mediation: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
Medical Malpractice: Broadly, a claim brought against a health-care professional based on professional negligence wherein the health-care professional violates the applicable standard of care and an injury results.
Member: In relation to health care, a member is a person who belongs to a health care plan, like an HMO
Memorialized: In writing.
Mens Rea: The “guilty mind” necessary to establish criminal responsibility.
Mental Anguish: Mental suffering. In some cases, damages may be awarded for mental anguish even though no physical injury is present.
Miranda Warning: Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.
Misdemeanor: Crimes less serious than felonies. In Pennsylvania, the punishments associated with misdemeanors vary according to degree. A misdemeanor of the first degree may be sentenced to a term of imprisonment of not more than five years. A misdemeanor of the second degree may be sentenced to a term of imprisonment of not more than two years. A misdemeanor of the third degree may be sentenced to a term of imprisonment of not more than one year.
Misfeasance: Improper performance of a lawful act.
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Mitigating Circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
Mitigation of Damages or Doctrine of Avoidable Consequences: Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.
Mittimus: The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
Moot: A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
Motion: An application made to a judge for the purpose of obtaining an order directing some act to be done in favor of the party presenting the application.
Moving Party: The party presenting the motion. Compare with non-moving party.
Murder: The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not. (See also manslaughter.)
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Verdicts & Settlements
R.J. Reynolds Tobacco Company product liability.
R.J. Reynolds Tobacco Company product liability.
Jury verdict for the wrongful death of a 63-year-old man survived by his widow.
Verdict against cigarette manufacturer for family of local lawyer who died of lung cancer.
Verdict against tobacco manufacturer for family of man who died from lung cancer as a result of smoking.
Verdict for widow of man who died of lung cancer as a result of addiction to smoking.
Gordon and Partners, along with co-counsel, recently represented the family of a smoker who passed away when she was 60 years old from lung cancer caused from her long time addiction to smoking cigarettes since she was a young girl. The case was tried in Lowell, Massachusetts and resulted in a verdict of 17 million dollars on May 31, 2019.
Recovery for man and family for injuries caused by a defective auto part.
Verdict for a smoker who contracted cancer of the jaw.
A Pinellas County jury verdict for the estate of a man who died of lung cancer at the age of 42.
Jury verdict for the wrongful death of a 68-year-old man from lung cancer from smoking cigarettes manufactured by RJR and Philip Morris.
Negligent supervision at Assisted Living Facility resulting in death.
Recovery for man who suffered brain injury and paralysis after collision with Blood Mobile.
Jury verdict for the wrongful death of a 97-year-old woman at an ALF.
Negligent failure to diagnose cancer.