Posts tagged "Marks"

Marks v. M.C. LLC (Lawyers Weekly No. 12-079-17)

1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 16-02775 BLS I LISA MARKS, on behalf of herself and all others similarly situated, v. M.C. LLC d/b/a JIFFLY LUBE MASSACHUSESTTS and JIFFY LUBE INTERNATIONAL, INC. MEMORANDUM OF DECISIONS AND ORDER ON THE DEFENDANTS’ MOTIONS TO DISMISS This case came before the court on the defendants’ motion to dismiss the first amended class action complaint. The gravamen of the individual plaintiff’s claim is that she brought her 2011 Hyundai Sonata to a Jiffy Lube operated by defendant M.C. LLC (JL) in Beverly, MA for an oil change. After changing her oil, JL affixed a sticker to her windshield that indicated that her car would be due for the next oil change in 5000 miles. The plaintiff alleges that this is misleading because the owner’s manual “prescribes that normal oil change service/maintenance is to be performed every 7,500 miles.” The plaintiff alleges that defendant Jiffy Lube International, Inc. (JL International), the franchiser for JL’s stores, is jointly liable with JL because it “has power and control over the oil change services offered at [JL’s] locations.” JL has provided the court with the entire owner’s manual for the plaintiff’s Hyundai and pointed out that the manual actually states that the oil should be changed at 7,500 miles under normal maintenance conditions and 3,750 miles under severe usage conditions. More specifically, it states that: “If any of the following conditions apply follow Maintenance Under Severe Usage Conditions.” It then lists nine conditions, including driving for a prolonged period 2 in cold temperatures and driving in areas where salt or other corrosive materials are being used: two conditions that presumably would apply to cars being driven in Massachusetts. JL argues that because the plaintiff has not alleged that she does not generally drive in these two conditions, she has not stated a claim that the 5,000 mile oil change interval recommended by JL is misleading because it is more frequent than that set out in the owner’s manual. The court finds JL’s argument persuasive. However, it also finds that the plaintiff should be given an opportunity to allege that she drives the car in a manner which would suggest that the proper oil change interval is 7,500 miles and, therefore, as to her inconsistent with the recommendation found in the manual. JL International argues that the claims against it must be dismissed because no claim is stated against JL and also because the conclusory allegation regarding its ability to control the manner in which JL conducts oil changes is insufficient to state a claim against a franchisor for vicarious liability for selecting the oil change interval under established law. See, e.g., Lind v. […]

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Posted by Massachusetts Legal Resources - July 3, 2017 at 2:58 pm

Categories: News   Tags: , , , ,

Boston Gets High Marks for Parks

Bostonians regularly enjoy our parks, whether it’s large like Boston Common or small like Ringgold Park. But according to new national rankings, Boston’s parks are some of the best in the entire country. Boston’s parks were ranked third in the United States by the Trust for Public Land, tying with San Francisco and Sacramento, and coming in just shy of Minneapolis and New York City.  The ranking report used mapping technology and demographic data to determine how well the 50 largest cities in the United States are meeting the need for parks, including how much access citizens have to parks and park amenities.  “We are proud of the fact that Boston has so many easily accessible parks and welcome the recognition,” Mayor Thomas Menino said. “From the pastoral expanses of the world-famous Emerald Necklace to our smallest neighborhood playground, Boston’s residents have a wide variety of well maintained parks providing them with opportunities to exercise or just relax within a short walk from their homes.” The ratings were based equally on three factors: park access, which compares the percentage of residents living within a half-mile walk to a park; park size, which is based on the city’s median park size; and services and investment, which looks at the number of playgrounds and park spending per 10,000 residents.  According to Boston’s ratings, 97 percent of Bostonians live within a 10-minute walk of park, and 16 percent of the city is devoted to parks.  Which is your favorite park in the South End? Tell us in the comments.  SOUTH END PATCH: Facebook | Twitter | E-mail Updates  South End Patch

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Posted by Massachusetts Legal Resources - June 17, 2013 at 3:11 pm

Categories: Arrests   Tags: , , , ,