Defense Verdict

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Defense Verdict: Powers v. Town of Duxbury, PLCV2006-01037 (Mass.Super.Ct., Feb. 17, 2011)

PD&P Attorney Seth Barnett recently obtained a defense verdict in an action that arose from a motor vehicle accident between plaintiff’s vehicle and a Town of Duxbury police cruiser. While responding to an emergency, the police officer operated his cruiser, with his lights and siren activated, at speeds in excess of the speed limit. The plaintiff, who failed to yield as required under M.G.L. c. 89, § 7, made a left-hand turn into the path of the oncoming cruiser, thereby causing the accident. The Plymouth County jury found no negligence on the part of the police officer. Accordingly, the Court entered judgment in favor of the Town.

Published in Developments in Municipal Law Fall 2011 Newsletter.