Fusaro, Altomare & Ermilio

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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

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

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

Law Firm Featured in Book on Italian Heritage in Worcester County

November 26, 2015

The law firm of Fusaro, Altomare & Ermilio was recently featured in a book written by Vincent A. Lapomarda, S.J., S.T.L, Ph.D., an associate professor of history at the College of the Holy Cross in Worcester. Professor Lapomarda’s book is entitled, “The Italians in Worcester County, Massachusetts.” [Read more…]

Filed Under: Blog, Business and Corporate, Commercial Real Estate, Estate Planning, Litigation, Personal Injury, Residential Real Estate, Uncategorized

High School and Coach May Be Liable In Negligence to Player for Failure to Follow Head Injury Protocols

September 22, 2015

A Massachusetts Superior Court judge recently ruled that a high school field hockey coach and the school may be liable in negligence for injuries caused by the coach’s failure to have his own player evaluated after an initial head injury and failure to report the nature of her injury afterward to parents, medical professionals or other school officials. [Read more…]

Filed Under: Blog, Litigation, Personal Injury

Car Accident Tips

August 21, 2014

Oh no! I can’t believe that car hit me!

You’ve just been in a pretty bad car accident. OK… deep breath…. It’s unfortunate, but it happened. Now what do you do? If you are still at the scene: [Read more…]

Filed Under: Litigation, Personal Injury

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