Hassett & Donnelly’s Strategic Use of Summary Judgment Pays Off

Hassett & Donnelly recently garnered a series of successes by filing Motions for Summary Judgment and a Motion to Dismiss at strategic points during litigation. By artfully crafting and carefully timing several dispositive motions, Hassett & Donnelly’s attorneys halted potentially costly litigation in its tracks and brought about judicious and cost-effective resolutions for its clients.

The following is a brief summary of several wins obtained by Hassett & Donnelly’s attorneys over the past two months:

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                             Gerard T. Donnelly         Sarah B. Christie            Courtney E. Mayo            Tara E. Lynch

Summary Judgment in Case Involving Water Runoff onto Commercial Property

Attorneys Sarah Christie and Tara Lynch successfully obtained summary judgment on behalf of husband and  wife homeowner defendants in a water diversion case involving more than twenty (20) named parties.  The Plaintiff filed an action against numerous homeowners and the property developers alleging negligence, private nuisance and trespass in connection with claimed damage to his property allegedly caused by water runoff flowing from an adjacent subdivision.  The plaintiff further alleged that the subject damage had caused a significant diminution to the value of his property and prevented further development of the property which was located near a large golf course.  The plaintiff sought permanent injunctions and damages estimated between $900,000 and $2.85 million dollars . . .  Read More

Summary Judgment in Head Injury Case – “Borrowed Servant” Doctrine

Attorney Courtney Mayo successfully obtained summary judgment on behalf of a subcontractor who installed granite curbing during a roadway construction project.  The plaintiff bicyclist alleged that he struck a hole while riding down an asphalt ramp or raised crosswalk area in a construction zone.  The plaintiff alleged that his front tire went into the hole, causing him to flip over his handlebars and strike the pavement.  His claimed injuries included a compound linear left frontal skull fracture, a cerebral concussion, blurry vision, cervical sprain, multiple cuts and contusions.  He also alleged significant back and right shoulder injuries following the accident . . . Read More

 Summary Judgment for Defendant Construction Contractor

Attorneys Gerard Donnelly and Tara Lynch successfully obtained summary judgment on behalf of a large construction contractor in an action arising from a fall on a walkway located in front of a prominent Boston college. The plaintiff alleged that he was caused to fall while walking when he stepped into a ditch or depression located on or near the sidewalk area. The plaintiff alleged he sustained significant injuries, including a shattered ankle and fractured tibia requiring ORIF and screw removal surgeries, a lengthy recovery, lost earning capacity and emotional distress. . . Read More

Dismissal of Civil Rights / Malicious Prosecution Action Filed
Against Town, Police Officers

Attorneys Gerard Donnelly and Courtney Mayo successfully obtained the dismissal of the Plaintiff’s Complaint in a federal case arising from the investigation into allegations of child abuse made against the plaintiff by his two adopted children.  The plaintiff filed a Complaint against the Town, the Chief of Police, individual police officers, the Department of Children and Families and several additional municipal defendants alleging numerous civil rights violations including false arrest, malicious prosecution, Fourth Amendment violations, and intentional and negligent infliction of emotional distress. The plaintiff further maintained that the investigations conducted by both the Department of Children and Families and the local Police Department as a result of the allegations of abuse were “wrongful” and violated his civil rights. . . Read More

 

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