Legal Opinion
Minasian v. City of Somerville
Massachusetts Appeals Court
Decided February 5, 1996No. 94-P-971PublishedCited by 7 opinions
1Opinion of the CourtPorada, J.
The plaintiff filed a negligence action in the Superior Court against the city of Somerville (city) to recover damages for injuries sustained by him when, according to plaintiff’s averments, he fell into an unattended, unguarded, open manhole in a sidewalk of a city street at night. The city moved to dismiss the action on the ground that G. L. c. 84, which governs actions alleging injuries caused by defects in public ways, provides the exclusive remedy against the city and that the plaintiff failed to give timely notice of his claim as a condition precedent to bringing such an action.1 G. L.…
2Cases cited10 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Lolos v. BerlinMassachusetts Supreme Judicial Court · 1958
- Gallant v. WorcesterMassachusetts Supreme Judicial Court · 1981
- Huff v. City of HolyokeMassachusetts Supreme Judicial Court · 1982
- Ram v. Town of CharltonMassachusetts Supreme Judicial Court · 1991
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3Cited by7 opinions
- Town of Harrison v. AldenbergMassachusetts District Court, Appellate Division · 1997
- Lavecchia v. Massachusetts Bay Transportation AuthorityMassachusetts District Court, Appellate Division · 1998
- Marcus v. City of NewtonMassachusetts District Court, Appellate Division · 2000
- DiLoreto v. Town of WinchesterMassachusetts Superior Court · 2001
- Harkness v. City of LynnMassachusetts Superior Court · 2000
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