Motion for Summary Judgment Allowed – Trespass / Nuisance / Res Judicata

Attorneys Donnelly and Mayo successfully moved for summary judgment in an action arising from a vitreous sewage pipe that was leaking into the drinking supply of a commercial property located in the Town of Becket. The plaintiff property owner alleged that the defendant municipalities were aware that the pipe crossed underneath her property and into the leaching system at the time of her purchase of the property in 2002. Plaintiff further alleged that property inspections had not been conducted properly by Town personnel. Plaintiff brought counts for trespass, nuisance and diminution of value of the property against the Town, School District, Board of Health and individual health inspectors. During oral arguments, Mayo argued, in part, that plaintiff’s claims should be dismissed under a theory of res judicata as plaintiff had previously adjudicated some of the same claims, and also argued that the municipality was immune from the intentional tort of trespass. Moreover, Mayo argued that the statute of limitations had lapsed as to certain counts and that presentment was improper pursuant to M.G.L.c. 258 § 4. Berkshire Superior Court Judge Agostini allowed Defendants’ Motion for Summary Judgment from the bench.

Other Wins: Professional Liability