MacDougall ex rel. MacDougall v. New England Telephone & Telegraph Co.

This matter is before the court on defendant New England Telephone and Telegraph Company’s (“NET”) motion for summary. In this action, the plaintiffs have sued NET for the alleged negligence of a telephone operator in the handling of an emergency phone call by Kathleen Dempsey MacDougali (“Dempsey MacDougali”). In support of their motion for summary judgment, NET, first, asserts that the tariffs authorizing telephone service were not violated and no liability may follow from the operator’s alleged negligence, and, second, that in any event no duty was owed by NET to Dempsey MacDougali.

For the…