DeCicco v. D&R General Contracting, Inc.

This is a Dist./Mun. Cts. RADA, Rule 8A appeal by the plaintiffs of the trial courts Mass. R Civ. P., Rule 41(b) (2) judgment of dismissal.

The plaintiffs’ claim arose out of a one-car motor vehicle accident in Woburn, Massachusetts in an area of Route 93 which was then in the process of being repaved. In order to avoid contact with a construction barrel, plaintiff Suzanne DeCicco swerved to the right, then to the left and struck the guard-rail in the median. She sued defendant D&R General Contracting, the general contractor for the paving project who had placed the barrel on the highway.

At…