Significant Matters

• John successfully defended an alternator manufacturer in two related wrongful death lawsuits brought by the families of two tow-truck operators who were struck and killed by a drunk driver while standing on the side of the highway preparing to tow a disabled truck.  The plaintiffs argued that his client was responsible for the accident because it manufactured the defective alternator in the disabled truck.  John obtained summary judgment for his client in the trial court by arguing that the accident was caused solely by the intervening negligence of the drunk driver, and it was not a reasonably foreseeable consequence of any defect in the alternator manufactured by his client.  The plaintiffs appealed to the Massachusetts Appeals Court, which affirmed the trial court’s dismissal of the case in Kelly v. OE Plus, Ltd., 69 Mass.App.Ct. 1105 (2007), review denied 449 Mass. 1109 (2007).  The plaintiffs sought further appellate review of the Massachusetts Supreme Judicial Court, which denied the application.  The Appeals Court’s decision has been cited in several secondary sources as a rare example of summary judgment being granted on the question of reasonable foreseeability.
• John and his partner, Michael Riseberg successfully defended a general contractor in a two-week trial in Massachusetts state court.  The plaintiff was an ironworker who fell 25 feet on a construction project and sustained multiple fractures and an alleged brain injury.  After a two-week trial the jury returned a verdict in favor of John's client, concluding that the plaintiff was more than 50 percent responsible for his accident.  The plaintiff’s last settlement demand was $1 million.
• John and his partner, Michael Riseberg successfully obtained a defense verdict in a three-week, Massachusetts state court, construction accident trial.  The case was recognized by Massachusetts Lawyers Weekly as one of the Top Ten Biggest Defense Wins of 2002.  The plaintiff, a roofer who had fallen down an industrial staircase on a construction project, alleged that he sustained a closed head injury.  The jury returned a verdict in favor of Michael’s general contractor client, concluding that it was not negligent.  The plaintiff’s last demand was $1.8 million.  Although the plaintiff claimed that he could never work as a roofer again, John and his team found a witness who testified that the plaintiff had performed roofing and carpentry work on the witness’s home a few months before trial. 
• John and his partner, Michael Riseberg successfully obtained a jury verdict in the defense of a three-week products liability action in Massachusetts state court.  The case was recognized by Massachusetts Lawyers Weekly as one of the Top Ten Biggest Defense Wins of 2001.  The plaintiff, injured while working on a large piece of manufacturing equipment, sued the manufacturer of a sheet metal guard, claiming the defendant defectively designed the guard by omitting an electric lock that would have prevented the injury.  The jury returned a verdict in favor of  John's client, concluding that it was not negligent and its guard was not defectively designed.  The plaintiff’s last demand was $1.7 million.
• John and his partner, Michael Riseberg defended a school for autistic children in a difficult seven-week jury trial in Massachusetts state court in 2006.  The plaintiffs alleged that their son, a teenager with autism, was physically abused over an extended period while a student at the school.  One of the defendant/teachers had been criminally convicted of abusing the plaintiff before the civil case went to trial.  One of the other defendant/ teachers had returned to Japan while a warrant for his arrest was pending.  Although the plaintiffs obtained a jury verdict in their favor, the amount was substantially less than their final settlement demand, and the case was settled while on appeal.

Honors & Distinctions

• Recognized by Massachusetts Lawyers Weekly for obtaining top 10 defense verdicts in 2001 and 2002. 
• AV rating by Martindale-Hubbell, highest rating given to attorneys.
• Selected as a Massachusetts Super Lawyer, 2004-2009, an honor that recognizes him as a leader in the legal community.
• Listed in the 2006 – 2010 editions of The Best Lawyers of America® in the field of personal injury litigation.

Professional Affiliations

• Massachusetts Bar Association
• Defense Research Institute
• Massachusetts Defense Lawyers Association
• International Association of Defense Counsel

Community & Civic Activity

• Serves as lieutenant colonel in the United States Marine Corps Reserve.
• Youth Football Coach
• Board of Directors for Milton Mustangs Youth Football

News

• 17 AP&S Attorneys Selected for 2010 Edition of Best Lawyers®
• 30 AP&S Attorneys Named to New England Super Lawyers 2009
• Top Honors for Super Lawyers "Superstars" at AP&S
• New England Super Lawyers Includes 15 AP&S Attorneys
• AP&S Ranked #1 in Rhode Island in Commercial Litigation by Best Lawyers In America 2008
• Lawler Named Partner in Charge of Boston Office

Publications & Seminars

•   Instructor, Naval  Justice  School, Newport, Rhode Island, trial advocacy and other courses.