The Massachusetts Appeals Court reinstated a suit brought by a woman who fell and injured herself in a crosswalk with a half-inch defect, which was deemed as “too minor or insubstantial” to support a negligence claim against a construction contractor.
The plaintiff, Joan Arruda, filed a negligence complain against Newport Construction Co. in Middlesex Superior Court for negligently maintaining the roadway and walkway and failing to provide a warning of a defect. Arruda was walking with her granddaughter to attend a neighborhood festival in September 2017, and they diagonally crossed a street into the crosswalk. Arruda caught her foot on the protruding granite margin, fell, and sustained injuries, according to the appellate court’s July 21 opinion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
