The Appeals Court recently affirmed a summary judgment decision obtained by Robinson Donovan Attorneys Jeffrey McCormick and Jeffrey Trapani in favor of two Worcester, Massachusetts property owners. The case involved a claim by two parents for injuries sustained to their child. The child, an eight year old at the time of the incident, fell from a second floor window after the screen had fallen out. The Plaintiffs then sued the property owners for negligence, claiming that the window was defective and that the property owners had negligently supervised the child.
Attorneys McCormick and Trapani filed a Motion for Summary Judgment in which they argued that the Plaintiffs failed to proffer any evidence that the window was defective or that a screened window was somehow defective or designed to act as a safety device. They also argued that the property owners owed no duty to the Plaintiffs to supervise the child, as the Plaintiffs knew that the property owners would not be home while the child was at the property.
The Superior Court had agreed with these arguments and entered judgment in favor of the property owners, thereby ending the litigation. The Appeals Court then affirmed the Superior Court’s order.
Contact Info:
Jeffrey L. McCormick, Esq. (413) 732-2301
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Jeffrey J. Trapani, Esq. (413) 732-2301
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