Filepp v. Boston Gas Company, Inc. (Lawyers Weekly No. 11-017-14)
Plaintiff injured falling on street defect allegedly caused by utility company failed to notify company within thirty-day statutory deadline.
Appeals Court Opinions
Commonwealth v. Bynoe (Lawyers Weekly No. 11-016-14)
When probation condition requires treatment program completion without specifying a deadline, probationer must comply within reasonably prompt period as established by probation officer.
Doe, Sex Offender Registry Board No. 151564 v. Sex Offender Registry Board (Lawyers Weekly No. 11-015-14)
Sex offender entitled to expert witness funds to address scientific evidence on age and recidivism; hearing examiner's unguided review of complex studies was arbitrary and capricious.
G.R. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-011-14)
Court affirmed transfer of severely disabled resident from closing facility to new facility where improved orientation and mobility services provided substantial evidence of benefit.
P.D. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-013-14)
Transfer of profoundly disabled individual from closing developmental center to smaller facility upheld where evidence showed improved recreational activities and continuity of familiar staff.
M.M. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-012-14)
Affirmed administrative approval of transferring profoundly disabled resident from Fernald Developmental Center to Wrentham based on substantial evidence of improved services and sufficient space.
E.G. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-014-14)
Transfer of profoundly intellectually disabled resident approved despite guardians' objections; substantial evidence supported finding that move would improve services and quality of life.
Miles-Matthias, et al. v. Zoning Board of Appeals of Seekonk, et al. (Lawyers Weekly No. 11-010-14)
Neighbors' appeal to zoning board was untimely where they had constructive notice of the owner's driveway proposal and duty to inquire. Common driveway providing access to residential homes is permissible accessory use.
Commonwealth v. Bernard (Lawyers Weekly No. 11-009-14)
Traffic stop for tinted license plate cover unconstitutional where cover does not obscure the registration numbers or reduce legibility.
Commonwealth v. Garcia (Lawyers Weekly No. 11-008-14)
Reversed. Trial judge erred in discharging a deliberating juror without proper hearing and in failing to instruct remaining jurors that discharge was personal, not case-related.