Posts tagged "Berkeley"

Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2011-1470 EVEREST NATIONAL INSURANCE COMPANY vs. BERKELEY PLACE RESTAURANT LIMITED PARTNERSHIP ORDER ON POST-VERDICT ISSUES AND FOR JUDGMENT This action was commenced by Everest National Insurance Company as subrogee of three persons: Timothy J. Barletta (“Timothy”), Barletta Engineering Corporation (“Barletta Corp.”) and Osprey Equipment Corporation (“Osprey”). The action is one for contribution under G.L. c. 231B, § 1(d ). Everest, as insurer for all three persons, paid a settlement amount to a state trooper who was seriously injured in a car accident when he was struck from behind by a car driven by Timothy. Everest asserted in this case that defendant, Berkeley Place Restaurant Limited Partnership, d/b/a Grill 23 (“Grill 23″), is jointly liable to the state trooper as a result of negligently serving Timothy alcohol in the hours before the accident. Following a jury verdict in favor of Everest that determined that Grill 23 is liable as a joint tortfeasor and that the settlement reached by Everest with the state trooper and his wife was reasonable, the parties address two issues: (1) how many tortfeasors bear responsibility for a pro rata share of the settlement, and (2) what amount is Everest entitled to receive as contribution from Grill 23? Both questions involve application of the contribution statute. For the first question, the court must determine whether “if equity requires, the collective liability of some as a group shall constitute a single share.” G.L. 1 c. 231B, § 2(b). The second question is whether, under G.L. c. 231B, §1, Everest may obtain contribution for more than a pro rata share of what it paid in settlement? FACTS On Saturday night, September 27, 2008, Timothy attended a private birthday party at the Grill 23 restaurant in Boston. The person being celebrated was Timothy’s sister-in-law, Laura Barletta, and the person throwing the party was her husband, Timothy’s brother, Vincent Barletta. Approximately 40 people attended the party and the guests were, generally, friends and family of Laura Barletta. The party was held in a function room, separate from the rest of the restaurant. There was evidence before the jury sufficient to show that at the party Timothy was served alcohol after it had been recognized by the Grill 23 manager on duty that Timothy was visibly intoxicated. Timothy left the party with his girlfriend, got into a motor vehicle, and drove west on the Mass Pike. Several minutes later, Timothy, while operating under the influence of alcohol, smashed into the rear of a state police vehicle parked on the edge of the Pike to assist a stopped car. State Trooper Christopher Martin was inside the state police vehicle. As a result of the […]


Posted by Massachusetts Legal Resources - December 6, 2016 at 12:36 am

Categories: News   Tags: , , , , , , , , , , ,

11-Story Office Building Could Come to E. Berkeley St.

Find out more details about the new project that would replace an existing parking lot and auto repair shop on East Berkeley Street. South End Patch News


Posted by Massachusetts Legal Resources - August 21, 2013 at 9:05 pm

Categories: Arrests   Tags: , , , , ,

Things to Know in the South End Today, April 2: Break-in At Berkeley Garden

1. Weather: The National Weather Service is predicting a mostly sunny day with a high of 43 degrees.  2. Break-in At Berkeley Garden: Over the weekend, vandals broke into Berkeley Community Garden and stole nearly every water tap in the garden, according to the garden’s organizers. A total of 21 stations/42 taps were removed, and nothing else in the garden appears damaged. If you saw anything or anyone suspicious in the garden over the weekend, please contact the police. See here for more information.  3. Autism awareness: Mayor Thomas M. Menino today declared April 2 “Autism Awareness Day” in Boston and is encouraging building owners to light their buildings blue as part of a global initiative that kicks-off Autism Awareness Month and helps raise awareness about the disability. 4. Teach Your Kids French: The Montessori Parent Child Center, (566 Columbus Ave.) is offering a Montessori-based French program designed to introduce French naturally and respectfully to children between the ages of 6 months to 5 years old through stimulating sensorimotor activities, songs, rhymes and fingerplays. Classes are taught by a native French speaker and Montessori specialist.Classes start this week and last for eight weeks. See here for more information. 5. ARL & SAULT: Men’s retailer Sault (577 Tremont St.) is hosting a special fundraising sale starting today on a collection of graphic t-shirts and tote bags to benefit the Animal Rescue League of Boston.  This limited addition collection will be available exclusively at SAULT New England, and 100 percent of the proceeds from each sale will go directly back to the South End branch of the ARL of Boston.  Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement.  Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter.  Share your thoughts on your community in a blog. Click here to get started. South End Patch


Posted by Massachusetts Legal Resources - April 2, 2013 at 9:32 am

Categories: Arrests   Tags: , , , , , , ,