Kevin M. Hensley

Kevin M. Hensley has 30 years of experience as a trial and appellate attorney, covering a wide range of litigation matters. He has represented homeowners, small businesses, and large multinational corporations in disputes involving contracts, personal injuries, property damage, employment discrimination, indemnity, and insurance coverage. He has tried over 115 cases in state and federal court, and has argued dozens of appeals in the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, and the First Circuit Court of Appeals.

Kevin’s approach to litigation is to work with his clients at the outset of a case to establish a range of desired outcomes and to formulate a plan to achieve those litigation goals. Implementing that plan always involves careful preparation, but with an eye towards efficiency and cost-effectiveness. As the case proceeds, Kevin will constantly re-evaluate the litigation plan and provide timely advice if a change in approach becomes necessary. Although most cases can be settled before trial, Kevin believes that the key to a successful settlement always involves diligent preparation for a possible trial.

Representative Accomplishments

• Obtained a defendant’s verdict in a case against a homeowner involving an allegation of lead-paint poisoning.
• Secured the dismissal of a products liability claim against a major national retailer involving an allegation of a fire, leading to the destruction of five houses.
• Obtained a defendant’s verdict on behalf of a service station operator accused of negligently causing a tire explosion, leading to severe personal injuries.
• Secured summary judgment on behalf of a non-profit educational institution where a staff member had been accused of sexual abuse.
• Obtained a defendant’s verdict on behalf of a contractor who was alleged to have caused a house fire due to the spontaneous combustion of worksite materials.
• Obtained a defendant’s verdict on behalf of a gymnastics academy where a student had been injured during a gymnastics lesson.
• In a bench trial, secured recovery of 100 cents on the dollar for a commercial tenant against a commercial landlord who had breached a lease modification agreement.
• On appeal, obtained the dismissal of a premises liability claim against a small business that had a jury verdict entered against it.
• Obtained a defendant’s verdict against the owner of an apartment building in a case alleging negligent security, leading to an assault and battery.
• In a bench trial, obtained a judgment in favor of an international air carrier in a claim alleging damage to cargo.
• In a Bankruptcy Court bench trial, obtained a judgment of non-dischargability on behalf of a homeowner who had been defrauded by a home improvement contractor.
• Obtained a defendant’s verdict on behalf of a major national retail chain in a case of premises liability.
• Obtained summary judgment, affirmed on appeal, on behalf of an insurance agency accused of failing to place property insurance.

Significant Reported Decisions

• Citrano v. Hingham Mutual Fire Ins. Co., 58 Mass. App. Ct. 906 (2003)
• Luoni v. Berube, 431 Mass. 729 (2000)
• Al-Ziab v. Mourgis, 424 Mass. 847 (1997)
• Amann v. Town of Stow, 1991 F.2d 929 (1993)
• Hayhurst v. Calabrese, 782 F. Supp. 643 (1992)