Campbell Conroy & O’Neil Secures a Summary Judgment for Bridge Contractor in Wrongful Death Case

November 2025

Michelle Byers and Jeffrey Falvey obtained summary judgment in a wrongful death action against a bridge and resurfacing contractor involving work on a major Massachusetts Department of Transportation resurfacing project. Judge Pineault, sitting in the Suffolk Superior Court, found that the defendant owed no legal duty to the plaintiffs nor any obligation to remedy or warn of a hazard it neither created nor controlled. The Court also ruled in the defendant’s favor on proximate cause, finding that no reasonable juror could conclude that the action or inaction of the defendant was the cause of the motor vehicle accident giving rise to plaintiffs’ claims.