Fusaro, Altomare & Ermilio

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D’Agostino, Altomare Have Work Anniversaries

December 2, 2019

FA&E celebrated Lori D’Agostino’s 40th anniversary at the firm, at a dinner at Willy’s Steakhouse in Shrewsbury on November 13, 2019. Lori has been working at the firm since high school. She is a long-time residential real estate paralegal.

Partner John Altomare joined the firm in 1985 after he graduated from Suffolk University Law School. He has never left, now in his 34th year at the firm. John specializes in business and commercial law. He serves on several community and local business boards.

Filed Under: Blog, Business and Corporate, Commercial Real Estate, Residential Real Estate, Uncategorized

Statutory Notice of Claim of Injury Need Not Be Sent to Non-governmental Actor

October 2, 2019

The Supreme Judicial Court, Massachusetts’ highest court, recently ruled that an injured party did not have to send the thirty-day statutory notice of a road defect to a private company responsible for maintaining a utility hole, utility cover and the surrounding asphalt.

Plaintiff was a bicyclist who struck a utility cover that was misaligned with the road surface. The notice was only needed against a governmental actor, like a city or town. The Court therefore reversed the grant of summary judgment for the utility company.

The injured party did provide the required notice of a defective road condition to the City of Boston. (See G.L. c. 218, c. 84, 18.) Probably not coincidentally, the city responded thirty-one days after the incident that it was not responsible for the road work but the work was “under the jurisdiction of Veolia Energy Co.” The attorney for the injured party then immediately sent notice to Veolia but after the thirty-day notice period. Veolia moved for summary judgment in the case, asserting that the notice to it was too late.

However, the court ruled that the notice requirement did not apply to the private actor, Veolia. The court reasoned that the statute that set forth the notice requirement was meant to apply to the public duty to maintain the roadways and did not apply to a private entity that did road repair work. The court noted that the notice period was short and that it would not be reasonable for an injured plaintiff to have to identity a private contractor responsible for road work within that time frame.

The case is Meyer v. Veolia Energy North America, Massachusetts Supreme Judicial Court, May 8, 2019.

Filed Under: Blog, Litigation, Personal Injury

Client List Compiled from Financial Advisor’s Memory Can Be Considered Confidential Information for Purposes of a Non-Solicitation Agreement

April 19, 2019

A Superior Court judge recently ruled that a client list that had been put together by a financial advisor immediately after leaving his former firm could be considered the former firm’s confidential information even if compiled from memory. [Read more…]

Filed Under: Blog, Business and Corporate, Litigation

Homeowner’s Liability to Neighbor for Damage from Overhanging Tree

December 2, 2018

A common issue facing homeowners is their or their neighbor’s responsibility for overhanging trees and branches. The state’s Supreme Judicial Court recently decided that a homeowner was not responsible for damage caused to a neighbor’s house from a healthy overhanging tree. [Read more…]

Filed Under: Blog, Litigation, Residential Real Estate

University Has No Duty Under the Circumstances to Take Steps to Prevent Graduate Student’s Suicide

July 9, 2018

Massachusetts’ highest appellate court ruled recently that in certain circumstances a special relationship, and a corresponding duty to take reasonable measures to prevent suicide, may be created between a university and a student. [Read more…]

Filed Under: Blog, Litigation, Personal Injury

City and School Not Liable for Injury to Student Caused by Bullying

March 22, 2018

In a recent case, the highest court in Massachusetts (Supreme Judicial Court) addressed the issue of a public school’s liability for negligently permitting bullying to occur, which resulted in a fourth-grade student becoming paralyzed after being pushed down a flight of stairs. [Read more…]

Filed Under: Blog, Litigation, Personal Injury

John Altomare Travels to Guatemala, Haiti to Assist the Needy

January 4, 2018

FA&E partner John Altomare, current Chair of the Seven Hills Foundation Board of Directors, does not just give lip service to the Seven Hills Global Outreach (SHGO).  He recently traveled to Guatemala and, on a separate trip, to Haiti with other volunteers to assist those in need. [Read more…]

Filed Under: Blog, Business and Corporate, Commercial Real Estate, Residential Real Estate

Employer Liability for Commissions Under the Massachusetts Wage Act

June 2, 2017

A District Court Judge for the United States District Court in Massachusetts has recently held that an employer is liable to pay commissions to a former employee even though the employer’s commission policy provided that commissions were not due to an employee who resigned. [Read more…]

Filed Under: Blog, Business and Corporate, Litigation

FAE Partner John Altomare Named Trustee at Bay State Savings Bank

May 31, 2017

Fusaro, Altomare & Ermilio (FAE) Partner, John N. Altomare has been named Director at Bay State Savings Bank. Bay State Savings Bank is a savings bank headquartered in downtown Worcester, Massachusetts. [Read more…]

Filed Under: Blog, Business and Corporate, Commercial Real Estate

Liability Waiver Does Not Protect the YMCA

November 10, 2016

In a recent decision, a Massachusetts Superior Court ruled that a liability waiver, a release of all claims signed before the plaintiff’s decedent participated in a particular program, did not protect the YMCA from a wrongful death claim. [Read more…]

Filed Under: Blog, Business and Corporate, Litigation, Personal Injury

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Worcester, MA 01609

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