Legal Opinion

Foley v. Matulewicz

Massachusetts Appeals Court

Decided February 21, 1984PublishedCited by 48 opinions

1Opinion of the Court

The plaintiff has appealed from a summary judgment entered against him in the Superior Court. The plaintiff’s amended complaint was based on negligence and sought damages on claims that the defendant had main*1005tained a dangerous condition on his property, that he had failed to correct an unsafe condition created by a contractor hired by him, and that the defendant was vicariously liable for the contractor’s performance of inherently dangerous work.

A party moving for summary judgment (here the defendant) has the burden of demonstrating that there is no genuine issue as to any material fact and…

2Cases cited8 opinions

  1. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  2. Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
  3. Esther HAYDEN, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF MT. PLEASANT, TEXAS, a Corporation, Defendant-AppelleeCourt of Appeals for the First Circuit · 1979
  4. Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967

3 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Sheehy v. Lipton Industries, Inc.Massachusetts Appeals Court · 1987
  2. Kelly v. Brigham & Women's HospitalMassachusetts Appeals Court · 2001
  3. Picard v. ThomasMassachusetts Appeals Court · 2004
  4. Williams v. BresnahanMassachusetts Appeals Court · 1989
  5. O'Connor v. SmithKline Bio-Science Laboratories, Inc.Massachusetts Appeals Court · 1994

43 more not listed; retrieve them via the Exa API.

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