Massachusetts Supreme Judicial Court Says Bicycle Accident Case Against Utility Company Should Not Have Been Dismissed on Summary Judgment

All Massachusetts personal injury and wrongful death cases are subject to strict filing deadlines called “statutes of limitation.” Cases not filed within the time set forth by these statutes are almost always dismissed on procedural grounds. It is important to note that, in some cases, there may be other deadlines – sometimes, much shorter deadlines – in addition to the general statute of limitations. Again, failure to act within the required time period can be fatal to a plaintiff’s case. One example of this is a claim against a city or municipality. In these cases, at least some type of minimal legal action (such as the giving of notice) must be taken within a matter of days, or else the plaintiff will be barred from monetary recovery against the responsible governmental entity. Facts of the Case A recent appellate case arose as a result of a bicycle accident that occurred on July 1, 2013. According to the plaintiff bicyclist, the accident was…

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