Legal Opinion

Burns v. Defelice Corp.

Massachusetts Appeals Court

Decided April 6, 2018No. 17–P–879Published

1Opinion of the Court

On November 3, 2010, the plaintiffs' residence was destroyed by a natural gas explosion. After an administrative hearing, the Department of Public Utilities (DPU) concluded that the defendants, while performing excavation work with mechanical equipment nearby, violated multiple provisions of the Massachusetts dig safe statute, G. L. c. 82, §§ 40 - 40E, resulting in damage to the gas line that serviced the plaintiffs' residence. See DeFelice Corp. v. Department of Pub. Util., 88 Mass. App. Ct. 544 (2015) (affirming DPU's decision). Subsequently, the plaintiffs filed suit in the Superior Court…

2Cases cited14 opinions

  1. Blackstone v. CashmanMassachusetts Supreme Judicial Court · 2007
  2. York v. SullivanMassachusetts Supreme Judicial Court · 1975
  3. Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
  4. Klairmont v. Gainsboro Restaurant, Inc.Massachusetts Supreme Judicial Court · 2013
  5. Matsuyama v. BirnbaumMassachusetts Supreme Judicial Court · 2008

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