Entries by pdpadmin

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Recreational Use Statue Clears Town in Trip and Fall: Quinn v. Town of Hingham

Quinn v. Town of Hingham, Plymouth Sup. Ct. PDP successfully argued a Motion for Summary Judgment based upon the protections of M.G.L. Chapter 21, Section 17C, the so called “Recreational Use Statute.” The litigation stemmed from a trip and fall accident in the parking lot of a public middle school in Hingham, MA.  At the […]

Jury Says Town Not Negligent in Field Maintenance: Murray v. Town of Hudson

Murray v. Town of Hudson, Worcester Sup. Ct.   PDP attorney Jason W. Crotty successfully obtained a defense verdict in favor of the Town of Hudson after a two-day jury trial in Worcester Superior Court held before Judge Daniel M. Wrenn. The case arose out of an injury that occurred during a high school baseball […]

MCAD Issues Lack of Probable Cause Finding: Conkey v. Dover Sherborn Public Sch.

Conkey v. Dover Sherborn Public Schools (MCAD Docket No. 13BEM02943)  On September 30, 2016, the Massachusetts Commission Against Discrimination issued a Lack of Probable Cause Finding against a former Technology Director of the Dover-Sherborn Regional School District who claimed the District discriminated against her on the basis of her gender and association with disabled parents. […]

Bicyclists Claims of Negligence Against City Dismissed for Failure to Give Notice Within Statute of Limitations: Twohig v. City of Salem

Twohig v. City of Salem, Suffolk Sup. Ct.  The Suffolk Superior Court recently granted a Motion to Dismiss in favor of the City of Salem in a negligence suit brought against the City by a bicyclist who allegedly suffered serious injuries while riding on a public way in Salem. He brought negligence claims against the […]

Claim Against School for Student Injury During Field Hockey Practice Dismissed: Alexandra Stahr et al. v. Lincoln-Sudbury Regional High Sch.

Alexandra Stahr et al. v. Lincoln-Sudbury Regional High School, Middlesex Sup. Ct.  The Middlesex Superior Court recently granted a Motion to Dismiss in favor of the Lincoln-Sudbury Regional High School (LSHS) in a negligence suit brought by a former student and several of her family members, arising from injuries the former student sustained during a […]

Town Is Immune from Claims of Negligence Arising Out of Choking Death: McFarland v. Town of Mashpee

McFarland v. Town of Mashpee, Barnstable Sup. Ct.  In April 2016, PDP obtained summary judgment in favor of the Town of Mashpee in a negligence action brought by Brent McFarland, a Mashpee resident, after he watched his girlfriend choke to death on a marshmallow while he awaited the Town’s EMT response. In McFarland v. Town […]

Federal Court Dismisses FMLA and Massachusetts Small Necessities Leave Act Interference and Retaliation Claims: Federico v. Town of Rowley

Federico v. Town of Rowley, 2016 WL 7155984 (D. Mass. 2016)  PDP attorneys John Davis and John Wilusz recently obtained the successful dismissal of a lawsuit arising out of a labor and employment-based dispute. The plaintiff, an Administrative Assistant to the Superintendent of the Rowley Water Department, was responsible for providing administrative support to the […]

First Circuit Affirms Dismissal of Developer’s Entire Suit: Najas Realty v. Seekonk Water District

Najas Realty v. Seekonk Water District, 821 F.3d 134 (1st Cir. 2016) PDP attorneys John Davis and Seth Barnett were successful in convincing the United States Court Of Appeals for the First Circuit, to affirm the trial court’s dismissal of the plaintiff-developer’s case in its entirety. Najas Realty sought to develop a ten-acre parcel of […]

School District Not Liable for Alleged Failure to Prevent Bullying: Morgan v. Town of Lexington

Morgan v. Town of Lexington, 823 F.3d 737 (1st Cir. 2016) Pierce Davis & Perritano successfully defended the Town of Lexington against claims of civil rights violations arising from the alleged failure to prevent school bullying. The First Circuit Court of Appeals recently upheld the dismissal of a civil rights suit brought against the Town […]