Posts tagged "1116516"

Halbach, et al. v. Normandy Real Estate Partners, et al. (Lawyers Weekly No. 11-165-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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   15-P-1500                                       Appeals Court   ERIC HALBACH & another[1]  vs.  NORMANDY REAL ESTATE PARTNERS & others.[2]     No. 15-P-1500.   Suffolk.     September 12, 2016. – November 18, 2016.   Present:  Kafker, C.J., Milkey, & Blake, JJ.     Practice, Civil, Summary judgment.  Negligence, One owning or controlling real estate, Use of way, Duty to prevent harm, Pedestrian.  Way, Public:  defect.     Civil action commenced in the Superior Court Department on February 17, 2012.   The case was heard by Robert L. Ullmann, J., on a motion for summary judgment.     Michael B. Bogdanow (John J. Carroll, Jr., with him) for the plaintiffs. Matthew Kirouac for the defendants.     BLAKE, J.  Plaintiff Eric Halbach (Halbach) suffered serious injuries when he fell as a result of uneven pavement on a public sidewalk adjacent to a commercial building owned by defendant 100 & 200 Clarendon Street, LLC (Clarendon), and operated, leased, and maintained by one or more of the remaining defendants (collectively, Normandy).  Halbach and his wife, Kathleen Halbach, subsequently filed a complaint alleging that the defendants had a duty to either repair the sidewalk or warn pedestrians and the city of Boston (city) of the hazard.  Concluding that no such duty exists, a judge of the Superior Court allowed the defendants’ motion for summary judgment.  We agree, and affirm. Background.  The following undisputed facts are taken from the summary judgment record.  On June 4, 2009, Halbach was walking on Clarendon Street in the city, near the John Hancock garage (garage).  He tripped and fell on uneven payment on a part of the sidewalk directly adjacent to the garage, sustaining significant injuries as a result.[3]  The sidewalk where Halbach fell is owned by the city.  At the time of the fall, the commercial property adjacent to the sidewalk was owned by Clarendon and maintained by Normandy.  After the incident, Normandy hired a company to grind down the uneven payment at a cost of $ 798. On February 17, 2012, the plaintiffs filed a complaint in the Superior Court, which was amended on October 4, 2013.  The amended complaint alleges that the defendants were negligent in their “ownership, control, maintenance and/or inspection” of the sidewalk adjacent to the garage by their “failure to ensure a safe pedestrian walkway” and their “failure to keep the area of the walkway free from defects and conditions […]

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Posted by Massachusetts Legal Resources - November 18, 2016 at 5:34 pm

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