New Public Art Unveiled at Animal Rescue League
Several hundred people came out in the heat on Friday to welcome a new privately funded, public work of at the Animal Rescue League of Boston in the South End. The new statue, called “Dancing with Spheres,” was commissioned by Brookline resident Tony Lopes and designed by artist David Phillips to evoke a sense of kindness towards animals, Phillips said. “My love of animals aligned with that of Tony’s,” he said. “When we both found that we loved animals so much we decided to approach the ARL and that’s the way it went,” he said. Lopes, a retired teacher donated all of the money needed for the statue. How much was needed, he did not say. But he did say he was extremely pleased with the final result. “He’s put so much extra effort into this work and I can’t believe how perfectly it came out,” Lopes said. “This incredible piece of work not only enriches the community, it enriches my life to know [Phillips.]” The statue features several happy looking animals jumping or playing on or near trees, including a dog and cat that are holding hands, a lounging bunny, a frog, turtle, and even a squirrel. “Not many squirrels are immortalized in bronze, I think,” said Phillips. Phillips said the design for the statue was greatly influenced by the ARL and even the space where it now sits, as he designed the statue in a way that it can be see from Tremont Street outside the ARL’s dog play yard. “‘Dancing with Spheres’ has a wonderful new home, and I am hoping a lot of people will see it,” said Phillips. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Commonwealth v. Vital (Lawyers Weekly No. 11-068-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑845 Appeals Court COMMONWEALTH vs. DANIEL VITAL.[1] No. 12‑P‑845. Plymouth. March 6, 2013. ‑ May 31, 2013. Present: Katzmann, Meade, & Sullivan, JJ. Indecent Assault and Battery. Abuse Prevention. Intimidation of Witness. Witness, Intimidation, Privilege. Privileged Communication. Evidence, Privileged communication, Testimonial privilege. Practice, Criminal, Trial of complaints together. Complaints received and sworn to in the Plymouth Division of the District Court Department on July 3 and July 25, 2008. The cases were tried before Christopher D. Welch, J. Katherine Godin for the defendant. Laurie Yeshulas, Assistant District Attorney, for the Commonwealth. KATZMANN, J. A District Court jury found the defendant guilty of (1) indecent assault and battery on a child under the age of fourteen, G. L. c. 265, § 13B, (2) violation of an abuse prevention order, G. L. c. 209A, § 7, and (3) intimidation of a witness, G. L. c. 268, § 13B. The defendant now appeals. The principal issue before us is whether the defendant’s pastor violated the priest-penitent privilege, G. L. c. 233, § 20A, when he testified as to inculpatory statements made by the defendant. See generally Mass. G. Evid. § 510 (2013). A secondary issue before us is whether joinder of the offenses for trial was proper. We affirm. Background. A jury could have found as follows. In the summer of 2008, the defendant was living with the victim’s grandparents. The defendant was a friend of the grandparents. The victim, who was twelve years old at the time, was also living in the grandparents’ home, along with her parents and her brother. On the evening of July 3, 2008, the victim was asleep in the living room, which is where she slept at night, and awoke to find the defendant lying on top of her. The defendant had lifted up the victim’s shirt and began to pinch her breasts with his fingers and lips. The defendant then used his mouth to suck on the victim’s breasts. In all, the defendant touched the victim for about twenty to twenty-five minutes. The victim, who testified at trial that she was frightened during the incident, did not speak while the defendant touched her. Once he had finished, the defendant told the victim that “this isn’t fair” and “promise you won’t tell anybody.” After the victim agreed not […]
Shahin v. I.E.S. Incorporated (Lawyers Weekly No. 11-069-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1121 Appeals Court SHAHIN SHAHIN, trustee,[1] vs. I.E.S. INCORPORATED. No. 12‑P‑1121. May 31, 2013. Limitations, Statute of. Practice, Civil, Statute of limitations, Claim barred by short statute of limitations. This is an appeal from a grant of summary judgment in favor of the defendant, I.E.S. Incorporated (IES), on claims under a contract that were brought by the plaintiff, Shahin Shahin, as trustee of the Hersey Street Properties Realty Trust (collectively, trust). The trust retained IES to conduct environmental testing and other services in connection with the trust’s sale of a property in Salem. The contract was mailed by IES to the trust on March 21, 2006, and was signed and dated by the trust on April 27, 2006.[2] The contract included an attachment identified as “Attachment ‘B’ Statement of Terms and Conditions” (attachment B). Paragraph N of these terms and conditions states: “The [trust] agrees that the [trust] shall bring no claim against IES, Inc., and/or its owners, directors, officers, and employees, later than one (1) year after the date of this contract.” The trust contends that IES did not fully perform under the contract and failed to comply with relevant Massachusetts Department of Environmental Protection (DEP) regulations and that this only came to the trust’s attention when DEP issued a notice of noncompliance on July 24, 2009. The trust alleged unfair or deceptive practices under G. L. c. 93A, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, breach of contract, and negligence, and it sought a declaratory judgment that the contractual limitations period and a contractual cap on damages did not apply. The Superior Court judge concluded that the initial complaint, which was filed on December 14, 2010, was barred by the contractually-shortened limitations period. The trust appeals. This case, in which the trust maintains it could not have known about the actions for which it brought suit until after the expiration of the contractual limitations period, is controlled in material respects by the Supreme Judicial Court’s recent decision in Creative Playthings Franchising, Corp. v. Reiser, 463 Mass. 758 (2012), which was decided during the pendency of this appeal, and of which the Superior Court judge consequently did not have the benefit. Creative Playthings holds that, as a matter of Massachusetts law, a […]
After Earth in Local Theaters Today (Sponsored)
After Earth, in theaters now, promises to be the movie event of the summer – and how could it not be, with Will Smith and his son Jaden starring as stranded space rangers—one still in training—on the unrecognizable planet Earth 1,000 years in the future. All grown up since the last time he shared the screen with his dad in The Pursuit of Happyness, Jaden plays a teenager named Kitai Raige, who reaches out to the father he never knew, a legendary ranger named Cypher, for a little guidance. An interplanetary mission meant to be a bonding experience ends in a crash that injures Cypher, leaving Kitai alone on the ground to survive with some help from dad. Some lessons, like how to escape a blood-thirsty alien and act like a man, are best left to dad to teach, and make you realize every day is father’s day. Directed and co-written by M. Night Shyamalan, After Earth offers a classic coming-of-age tale with mind-blowing special effects and acting to match. So grab your cozy sweatshirt and prepare for the ultimate father-son adventure! After Earth Now Playing in theaters. Click here for ticket information and showtimes. TELL US: Patch wants your movie reviews! Come back and tell us in comments the movie you saw, what you thought about it and how many stars out of five you would give the film. South End Patch
Wheatley v. Massachusetts Insurers Insolvency Fund (Lawyers Weekly No. 10-094-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11211 KIRSTEN M. WHEATLEY vs. MASSACHUSETTS INSURERS INSOLVENCY FUND. Plymouth. February 4, 2013. ‑ May 31, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Massachusetts Insurers Insolvency Fund. Consumer Protection Act, Insurance, Unfair or deceptive act, Attorney’s fees. Insurance, Insolvency of insurer, Unfair act or practice, Settlement of claim. Civil action commenced in the Superior Court Department on August 31, 2006. Following review by this court, 456 Mass. 594 (2010), motions for summary judgment on the issue of attorney’s fees and costs were heard by Richard J. Chin, J. The Supreme Judicial Court granted an application for direct appellate review. Kurt M. Mullen (Gregory P. Deschenes with him) for the defendant. Stanley W. Wheatley for the plaintiff. BOTSFORD, J. This is the second time the court has considered the present case, which concerns the application of the consumer protection act, G. L. c. 93A (c. 93A), to the Massachusetts Insurers Insolvency Fund (insolvency fund, or fund). In Wheatley v. Massachusetts Insurers Insolvency Fund, 456 Mass. 594, 596 (2010) (Wheatley I), we held that the insolvency fund was subject “to consumer actions brought pursuant to G. L. c. 93A, § 9 (1).” We conclude in the present case that where, as here, a plaintiff prevails in a consumer action against the insolvency fund under c. 93A, § 9 (1), the insolvency fund is liable for reasonable attorney’s fees under c. 93A, § 9 (4). We accordingly affirm the judgment of the Superior Court. Background. The facts of this ongoing dispute are described in detail in Wheatley I, 456 Mass. at 596-598. We summarize briefly those facts and proceedings relevant to this decision, primarily taken from the parties’ joint statement of agreed facts. The insolvency fund is an unincorporated association, created by the Legislature, for the purpose of settling unpaid claims covered by an insurance policy issued by an insurer that later becomes insolvent. G. L. c. 175D, §§ 1 (5), 2, 3. See Commissioner of Ins. v. Massachusetts Insurers Insolvency Fund, 373 Mass. 798, 799 (1977). In October, 2001, the plaintiff, Kirsten M. Wheatley, then a special education student at a public elementary school in the town of Duxbury (town), fell and sustained injuries while unsupervised at school. At the time of the plaintiff’s injuries, the […]
Categories: News Tags: 1009413, Fund, Insolvency, Insurers, Lawyers, massachusetts, Weekly, Wheatley
Boston Pride Week Schedule for 2013
Wondering what’s happening in Boston for this year’s Pride Week? We’ve got the full schedule here: Friday, May 31 12 p.m. – Flag Raising, City Hall, Boston 8 p.m. – 10 p.m. Julie Goldman/Lady Centleman, Club Cafe (209 Columbus Ave.) Tickets: Click Here Saturday, June 1 10 a.m. – 5 p.m. – Pride Day @ Faneuil Hall, Faneuil Hall Marketplace, Boston 3-7 p.m. – LGBT Senior Pride Tea Dance Holiday Inn (1200 Beacon Street, Brookline) Tickets are $ 12, available at the door.Hosted by LGBT Senior Pride Coalition. Monday, June 3 6:30 p.m. – The Royal Pageant with Mimi Imfurst Machine (1254 Boylston St, Boston) Tuesday, June 4 10 p.m. – 2 a.m. – Pride @ Night – “Tease” Paradise Paradise (180 Mass. Ave., Cambridge) Wednesday, June 5 6-8 p.m. – Out In Sports: Moving Forward – A Panel Discussion on LGBT People in Sports Boston Public Library (700 Boylston St.) Boston Commonwealth Room 10 p.m. – 2 a.m. – Pride @ Night – Pride Weekend Opening Party Latino Gay Night Rumor (100 Warrenton St., Boston) Thursday, June 6 7:10 p.m. – Pride Night @ Fenway Park Fenway Park, Boston 9 p.m. – 2 a.m. – Pride Queeraoke MIDWAY Cafe (3496 Washington St., JP) Donation $ 10 – Benefit for Boston Pride 10 p.m. – 2 a.m. – Pride @ Night – Glamlife Thursday Estate Night Club (1 Boylston Place, Boston.) Speical Guests: Latrice Royale, Raven and Jujubee Friday, June 7 9 p.m. – 2 a.m. – Official Dyke March After- Party: Venus Rising Foundation Room, House of Blues, 15 Lansdowne St. Cost $ 10 – 21+ DJ Maryalice 10 p.m. – 2 a.m. – Pride @ Night Queer Pride Guilt Nightclub (75 Warrenton St., Boston) Saturday, June 8 12 p.m. – Boston Pride Parade Copley Square to City Hall Plaza, Boston 12 p.m. – 6 p.m. – Boston Pride Festival City Hall Plaza, Boston 2 p.m. – Esme Women’s Block Party1 Boylston Place, Boston 7 p.m. – 11 p.m. – Boston Pride Youth Dance City Hall Plaza, Boston 7 p.m. – 2 a.m. – Lush: Boston’s largest Women’s Pride PartyMachine Nightclub (1254 Boylston St., Boston) $ 20 – 21+ 10 p.m. – 2 a.m. – Pride @ Night House of Blues (15 Lansdowne St., Boston) Sunday, June 9 12 p.m. – 7 p.m. – Boston Pride Block Party: JP Edition Perkins St, Jamaica Plain 12 p.m. – 8 p.m. – Boston Pride Block Party: Back Bay Edition St James Ave, Boston 12 p.m – 8 p.m. – Pride @ Night – Queen […]
This Week’s South End Open Houses
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Things to Know in the South End Today, May 31: New Public Art Unveiled
1. Weather: The National Weather Service is predicting a mostly sunny day with a high near 93 degrees. 2. ARL Public Art: Brookline artist and resident Tony Lopes commissioned a sculpture designed by award-winning local artist David Phillips, called “Dancing with Spheres,” to be unveiled at 2 p.m. at the Animal Rescue League of Boston’s dog play yard at 10 Chandler St. today. See here for more information. 3. Improv Quilting: The Boston Center for The Arts (539 Tremont St.) hosts an Improv Quilting workshop with Dee Mallon on Saturday from 10 a.m. to 1 p.m. at the Mills Gallery. Each attendee will create your own small, one-of-a-ind quilt, by hand. Registration is required. See here for more information. 4. Free Piano Lessons: Musicians’ Playground, (791 Tremont St.) is offering free piano lessons on the first Saturday of every month. Beginners of all ages are welcome. Registration is required. See here for more information. 5. South End Flea Market: Claremont Neighborhood Association is having their 23rd annual Flea Market and Street Fair on Saturday, June 1, from 9 a.m. to 3 p.m. on Wellington Street. The Street Fair includes antiques, collectibles, jewelry, art, and household goods for sale, a raffle for prizes from local merchants, face painting and balloons for children, food, and live music. All are invited and admission is free! See here for more information. 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
Police: Man Sold Heroin to Undercover Officers on Harrison Ave
The following information was supplied by the Boston Police Department. Charges listed do not indicate a conviction. A Jamaica Plain man was arrested in the South End on Wednesday night for allegedly selling heroin to undercover police officers. Boston police officers conducted a “Buy/Bust” operation in the area of Northampton Street and Harrison Avenue on the evening of May 29 at 6:01 p.m, according to the police report. Based on previous police work, officers acquired a cellphone number of a person who allegedly sells heroin in the area. An undercover officer texted the number, asking to buy 5 plastic baggies of heroin for $ 80. The exchange was set for the CVS at 874 Harrison Ave, according to the report. According to the report, the suspect called two undercover officers and told them that he was in a silver Subaru, which was pulling into the parking lot at that moment. The undercover officers got into the car and gave the driver the $ 80. The driver then gave the officer the bags of heroin. The officers thanked the driver, exited the vehicle and signaled to police. Officers pulled the car over in front of 1855 Washington Street. The undercover officers identified the driver as the person who sold them the drugs. Boston Police arrested Jose Arias, 287 Centre Street, Jamaica Plain and charged him with possession of a Class A substance with intent to distribute. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch