Clairmont, et al. v. Amer Sports Winter & Outdoor Company, et al. (Lawyers Weekly No. 09-039-17)
1 COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. SUPERIOR COURT CIVIL ACTION NO. 14-00505 FRANCIS CLAIRMONT AND GEORGE CLAIRMONT vs. AMER SPORTS WINTER & OUTDOOR COMPANY & another1 MEMORANDUM OF DECISION AND ORDER ON DEFENDANT, AMER SPORTS WINTER & OUTDOOR COMPANY’S, MOTION FOR SUMMARY JUDGMENT This action arises out of a January 15, 2011 incident in which the plaintiff, Francis Clairmont (“Clairmont’), tripped and fell while wearing a pair of boots manufactured by defendant Amer Sports Winter & Outdoor Company (“Amer Sports”). Clairmont’s Complaint against Amer Sports alleges negligence (Count I), defective design (Count II), breach of warranty (Count III), and failure to warn (Count IV) in connection her accident. Clairmont’s husband and co-plaintiff, George Clairmont, also asserts a claim for loss of consortium in the Complaint (Count IX). This matter is before the Court on Amer Sports’ motion for summary judgment on all of the Plaintiffs’ claims. For the following reasons, Amer Sports’ motion is ALLOWED. BACKGROUND The following relevant facts are either undisputed or presented in the light most favorable to the non-moving party, in accordance with the dictates of Mass. R. Civ. P. 56. On or about January 15, 2011, Plaintiff Francis Clairmont (“Francis”) was shopping at the Derby Street Shoppes in Hingham. She was wearing a pair of Solomon Gore-tex Contragrip 1 Eastern Mountain Sports, Inc. 2 ankle high hiking boots (“the Boots”) at the time. Amer Sports manufactured the Boots. The Boots have a “speed lacing” design, which includes a rigid J-shaped hook comprised of a curved neck and a fastening tail, through which the laces pass to tie each of the Boots. As Francis exited the store, the lace of the left boot caught on the hook of her right boot. She fell forward as her legs became entangled and was injured. Plaintiffs present no expert testimony on the design of the speed laces, and have adduced no evidence that Amer Sports knew, or had reason to know, of any similar accidents or occurrences caused by the speed laces. Amer Sports contends that manufacturers have used the patented speed lacing design for more than one-hundred years, and that this design is popular on hiking boots, work boots, and ice skates. DISCUSSION I. Standard of Review Summary judgment is appropriate when the record shows that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Mass. R. Civ. P. 56(c); see also DuPont v. Commissioner of Corr., 448 Mass. 389, 397 (2007). The moving party bears the initial burden of demonstrating that there is no triable issue and he or she is entitled to judgment. Ng Bros. Constr., Inc. v. Cranney, 436 Mass. […]
Things to Know in the South End Today, March 7: Messy Winter Weather
1. New Mom Meetup: Mom’s with babies who are 12 weeks old and under, for $ 10, head to A Mom is Born join in with other neighborhood new moms for a tea and coffee hour from 10 to 11:15 a.m. 2. Weather: There has been talk of a major storm today, but weather experts still aren’t sure if it will be mostly rain or snow. 3. Meditation Course: For $ 10, get a lesson in meditation from Kelsang Pawo, a Buddhist monk, at St. John’s Episcopal Church in Jamaica Plain. The guided class is from 7 to 8:30 p.m. every Thursday, beginning tonight. 4. Daylight Saving: Daylight Saving Time occurs this weekend. The official time to set the clocks one hour ahead is Sunday, March 10 at 2 a.m. 5. Storm Tips: Though the winter weather predicted for today won’t be as bad as the Blizzard of 2013 in early February, high winds could cause power outages. NStar has some tips on what to do if your power goes out. 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
City Taking Precautions to Deal with Serious Winter Storm
With a borderline “historic” blizzard approaching the city, Boston officials have already begun to make arrangements for snow removal, power outages and emergecy rescue. With the latest forecasts predicting 1-2 feet of snow to fall in Boston from Friday afternoon through Saturday morning, city departments are already preparing. More than 600 pieces of equipment and snowplows will be active on city streets by early Friday morning, according to the mayor’s office. The Office of Emergency Management is coordinating with city agencies, NSTAR, and the Weather Service, Boston Police, Fire, and Emergency Medical Services have arranged for additional staffing, and police will be stationed at major intersections around the city. The Inspectional Services Department will double its shifts of inspectors working this weekend to deal with anticipated power and heat outages. “This is a very serious storm that is developing,” Mayor Menino said. “Safety is our number one priority, and my Snow Team will continue to monitor the situation so that Boston is ready for whatever comes our way.” The city is asking commuters to pay close attention to snow-related announcements in the next 24 hours in the event that the city urges them not drive their vehicles into the city on Friday. If the weather projections hold, the priority will be on giving Public Works crews room to work to plow the snow, the city said in a statement. The Boston Fire Department is also urging residents to be careful if space heaters are used during the cold weather. The city has experienced several recent fires due to improperly used or malfunctioning space heaters. The Mayor’s 24-Hour Hotline will plan to have additional staff on-hand during the storm, and residents with weather-related questions or concerns, including down power lines, down trees or icy conditions, should call 617-635-4500. More Snow Coverage: South End Storm Center How Boston Cleans Up a Snowstorm – And What You Can Do MBTA: How to Know What’s Running During a Snowstorm NSTAR Offers Tips to on How to Prepare for Snowstorm Weekend Storm Alert Upgraded to Blizzard Watch Storm Could Drop up to 18 Inches on Boston Boston Snow Emergency Parking in the South End Boston Remembers the Blizzard of 1978 SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
MBTA Winter Weather Info and Resources
The MBTA adjusts the scheduling of all of its modes of transportation in real time during severe snow events, and the service provides several frequently-updated resources to check while the snow is coming down. With a potential blizzard on the way Friday into Saturday, the MBTA may put into effect its severe weather service plan, which includes a reduction of service on the subways, commuter rails, buses, boats and the RIDE. On the web: The MBTA provides a winter weather website which is active during major snow events. This site will provide detail of a reduction in service in real-time: MBTA.com/winter. MBTA.com is the homepage, which also displays updates. A way to find out find out whether a specific line is experiencing a reduction in service is to check the MBTA’s service updates page. This page is always active. Alerts: Riders can sign up to get alerts sent to their phones via text message or email as well. Social Media: The MBTA has a vibrant Twitter presence. The official MBTA twitter account is @MBTAGM, but there are several unofficial Twitter accounts which monitor transit. @MBTATransitPD is the official Twitter account for the transit police. Searching #MBTA or #MassDOT will yield several updates, alerts and unofficial Twitter accounts as well. Contacting MBTA: The MBTA has a snow and ice email address customers can use to email concerns: mbtasnowandice@mbta.com. This email address is monitored by a maintenance dispatcher who will prioritize concerns and deploy crews where needed. Also, the MBTA’s customer support phone line is 617-222-3200. Commuter Rail: The MBTA implements a winter-specific reduced service schedule on the commuter rail only if necessary. Check the MBTA winter weather website or the MBTA homepage for an update on this during the storm. What MBTA does during the storm: As the snow falls, MBTA subway personnel will work to prevent snow and ice build-up in the track beds and around switches. Crews are dispatched throughout the system to remove snow from train platforms, bus stops, and station entrances. During the overnight hours early Saturday, the MBTA will operate observation trains to prevent snow and ice build-up and look for any potential hazards such as downed trees or low hanging limbs. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
New Strain of Norovirus – the Winter Vomiting Bug – On the Rise
Although the flu is on everyone’s minds this season, the winter vomiting bug, or the norovirus, is also making its rounds. The U.S. Centers for Disease Control and Prevention (CDC) reports that the norovirus causes about 70,000 hospitalizations and 800 deaths each year, mostly in young children and the elderly. Some of the virus’ common symptoms include nausea, vomiting, diarrhea and stomach pains. The CDC points out that the norovirus is often referred to as the stomach flu, but it is unrelated to influenza. “The norovirus, which many people call the stomach flu, is widespread this year,” said Katinka Podmaniczky, assistant director of communications for the Boston Public Health Commission. “We encourage everyone to take simple precautions to protect themselves and others, like washing hands frequently and staying home if you feel sick.” In Boston, right now about 2.5 percent of all emergency room visits are related to accute gastrointenstinal problems, which may or may not be caused by a norovirus, according to a Health Commission report. This time last year, that number was just over 3 percent. The commission did not have data for the total number of people reporting GI issues outside the ER. This year’s strainWhat’s different this year is the norovirus is mostly a new strain, GII.4 Sydney. It was first detected last year in Australia, then the U.K. and sickened over a million people. It has now reached the United States and this new strain appears to be taking over. Of norovirus cases reported from September to December, 54 percent have been identified as GII.4 Sydney, according to recently released data. The first norovirus outbreak was reported in Ohio in 1968. Today, approximately 21 million illnesses are attributable to norovirus in the U.S. each year, reports the CDC. Of those, approximately 25 percent can be attributed to foodborne transmissions. The norovirus can also spread quickly in closed places like daycare centers, nursing homes, schools, and cruise ships. Avoiding the NorovirusThis hardy virus is extremely contagious. The BBC reports that norovirus is one of the few infections you can catch from a toilet seat. The virus can survive temperatures as high as 140°F, which makes eating raw fish, such as oysters, particularly dangerous. Noroviruses can live in vomit or stool even before a person experiences symptoms, and up to two weeks after symptoms disappear. People are most contagious when they experience symptoms and during the first three days after recovery, reports the CDC. While the noroviruse is on the rise, seasonal influenza—in particular, influenza A—remains the largest health problem in Boston this season, with more than 1,220 cases reported since Oct. 1, according to the Health Commission’s latest […]