Motion to Dismiss Granted – Negligence / Misrepresentation / Improper Drainage

Donnelly also earned a dismissal of a Worcester Superior Court action filed by homeowners against the Town of Grafton stemming from improper drainage / excessive water flow at a subdevelopment located in North Grafton, Massachusetts.  The plaintiff homeowners’ complaint alleged negligence, fraud, misrepresentation and violation of 93A against the Town, the property developer and the bank arising from the construction of a faulty drainage system resulting in excessive water flow into the Town’s sewer system.  The plaintiffs alleged that the Town was negligent and breached its duty to conduct an examination of the sewer outflow system.  The plaintiffs further alleged that the Town should not have approved the subdevelopment and should not have released the bond prior to the resolution of the sewer issue.  Defense counsel argued that the Town is immune from liability pursuant to M.G.L. c. 258, §§10, 10(b), 10(e), 10(f) and 10(j), that presentment was untimely, and that plaintiffs’ claims were barred by the statute of repose.  Superior Court Judge Kenton Walker agreed and allowed Defendant Town of Grafton’s Motion to Dismiss Plaintiffs’ Complaint.

Other Wins: Professional Liability