Legal Question in Appeals and Writs in Massachusetts
I am sorry for the length of this description. I assume the more facts, the better. Over 10 yeats ago, (1997 I believe) there was a vehicle accident. Two people were in the car. One was killed, the other critically injured, and ultimately paralyzed from the waist down. The vehicle belonged to my boyfriend who was not in the car or the same town at the time of the accident, nor was permission given for the car to be driven. The car was not registered or insured, nor were there license plates on it. After the accident, the owner of the car, who was also close friends of the two involved in the accident, was sued by the surviver of the accident. The survivor was awarded a $3 million judgment. The family of the individual who was killed, who was also the driver, did not attempt to sue the owner of the vehicle knowing that the driver was at fault, and that the vehicle was not legal to be driven on the road. The owner of the vehicle, as well as the two parties involved in the accident itself were all legal adults. The owner never listed the vehicle as stolen; he was informed of the accident, the loss of his long-time friend, and critical condition of the other friend later that day. Due to a feeling of guilt, mourning, and remorse, among other feelings I'm sure, the young adult owner of the vehicle incorported unhealthy coping mechanisms to deal with his own personal trauma regarding the loss of a friend, his actions ultimately leading him to jail. He was incarcerated at the time of the judgement made on him by the survivor of the accident. He was not able to be present for the hearings, nor did he have adequate representation. After the judgement was made there were several immediate attempts made by the owner sued to have a seasoned lawyer appeal the decision; the lawyers contacted had never heard of a judgement of that magnitude made in such a circumstance, and were not willing to touch the case. All hope was lost. My boyfriend, the owner of the car, sued for $3 million dollars, with noone to advocate for him, has only a 20 year old truck to his name, is in recovery for a long time drug addiction, is battling an incompacitationg depression, and can not maintain employment nor make and utilize an income that would allow him to support himself without wages being garnished; thus not allowing him to, in good conscience, start a family leaving the financial burdon on his soon-to-be spouse. The worst part of that issue being that he his an only child, and doesnt feel capable of carrying on a family name. **Is it possible to appeal this judgement, with actual representation, and the ability of the person who has been sued to be present for the case? Is there any possibility that the judgement can be termiinated? Who would take this sort of case?
1 Answer from Attorneys
Unfortunately, if judgment entered against him, whether or not he was present to defend himself, he had only 30 days from the date judgment entered to appeal. His failure to timely appeal waived his rights to overturn the judgment.
If he was not adequately represented by counsel in that case, he potentially had a legal malpractice claim agaist that lawyer, but needed to file that suit within three years of discovering the representation. Certainly 15 years later is far too long. That claim is gone to, unfortunately. I dont see that he has any legal rights at this stage.
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