Gould v. Energy Company
Campbell Campbell Edwards & Conroy, P.C. obtained a summary judgment ruling in a negligence action arising from a motor vehicle accident. The motor vehicle accident that occurred in January 2014 at the intersection of Bedford and Kingston Streets in downtown Boston. Plaintiff was injured while crossing Bedford Street when he was struck by the co-defendant driver’s vehicle. Plaintiff claimed that the driver’s vision was impaired as a result of steam coming from a manhole cover owned by Energy Company. Plaintiff alleged Energy Company was negligent because it allowed steam to rise through the manhole cover and into the street thereby impairing the driver’s vision of Plaintiff in the crosswalk. Energy Company denied that it was negligent and alleged it was entitled to summary judgment because Plaintiff’s claim alleged a defect or want of repair in a public way, so was governed by the Massachusetts Defect in Public Way Statute, M.G.L. c. 84 §15. Under the statute, Plaintiff was required to give written notice to Energy Company of the allegedly defective condition within thirty (30) days of his injury in order to bring his claim, but Plaintiff failed to provide the required notice within the requisite timeframe. The Court held that Energy Company was entitled to summary judgment and dismissed the Plaintiff’s claims against Energy Company.