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| 416 Belmont Realty, Inc. v. Armendo, Opinion No.: 98291, Docket Number: 05-2218,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 30, 2007, Filed
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Overview: A realty corporation's Mass.R.Civ.P. 12(c) motion for judgment on the pleadings challenging zoning variances under Mass. Gen. Laws ch. 40A, § 17 was denied because the Zoning Board of Appeals for the City of Worcester was not required to file an answer, the matter required a de novo review, and the corporation failed to comply with discovery.
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| Afarian v. Mass. Elec. Co., SJC-09873,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, May 30, 2007, Decided
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Overview: Utility companies were entitled to summary judgment in wrongful death suit brought by parents of passenger killed when vehicle hit utility pole. As the driver did not deviate from the road in the ordinary course of travel, but due to his intoxication, which utility companies could not have reasonably anticipated, they owed no duty to the passenger.
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| Archambeault v. Worcester Reg'l Transit Auth., Opinion No.: 98278, Docket Number: 03-002417B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 30, 2007, Filed
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Overview: Summary judgment was allowed for advertisement vendor on breach of contract claim as contract provided that vendor was due commissions on any revenue collected by defendants for advertising contracts she negotiated prior to termination date. Although amount of commissions was not apparent, damages were ascertainable from defendants' records.
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| Berg v. Providence & Worcester R.R. Co., Opinion No.: 98285, Docket Number: 03-2505,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 30, 2007, Filed
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Overview: Employee's action against his former employer under FELA was barred by the three-year statute of limitations set forth in 45 U.S.C.S. § 56 because, at the latest, the employee should have been aware of the alleged connection between his work and his injury by May of 2000 and suit was not filed under December 30, 2003.
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| Bing v. Drexler, No. 06-P-459,
APPEALS COURT OF MASSACHUSETTS, May 30, 2007, Decided
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Overview: Trial court erred in dismissing estate representative's claim against supervising physician after a medical malpractice tribunal found insufficient evidence existed to proceed against him; to extent her claim was limited to liability based on a principal-agent relationship, it was outside tribunal's authority under Mass. Gen. Laws ch. 231, § 60B.
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| Gorgens v. McGovern, Opinion No.: 98479, Docket Number: 99-3265-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 30, 2007, Decided
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Overview: The fact that the same evidence was used in debtors' defense on a frivolous promissory note claim by a creditor and in the debtors' unsuccessful counterclaim under Mass. Gen. Laws ch. 93A, § 11, did not preclude the debtors from recovering attorneys fees under Mass. Gen. Laws ch. 231, § 6F for the promissory note defense.
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| Pillman's Case, No. 06-P-469,
APPEALS COURT OF MASSACHUSETTS, May 30, 2007, Decided
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Overview: Because a voluntary workers' compensation policy contained two addresses for the insured, when the insurer elected to send notice of cancellation only to one address and later learned that it no longer was viable, the insurer was required by Mass. Gen. Laws ch. 175, § 187C to send another notice to the alternative "last address" in its records.
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