QUESTION
I believe my town was negligent in not clearing up a road obstruction or at least marking it off after a storm because of this my car was damaged.
Asked on Nov 28th, 2011 on Automobile Accidents - Massachusetts
More details to this question:
The town''s lack of not removing or marking a branch in the street, for 12 hours I found out later, caused me to hit the branch that was hanging halfway into my lane. I lost my sideview mirror because I could not swerve over the center line as another car was coming towards me. The obstruction was rather large, but at night it was not noticible until you were right on it. Even though I was going at a slow speed, 25, my passenger could have been killed if the branch broke the passenger window. I wrote to my town stating that because they were negligent, I was holding them responsible for replacing my sideview mirror and they didn''t even bother to repsond. I have pictures & video of the obstruction and the large debris field where at least 3 other cars lost mirrors. Only after I told the police about the branch was a cone put in front of the it which stayed there for 3 more days. Could I sue the town for the cost of repair?
2 ANSWERS
In Massachusetts, you cannot sue a city or town in small claims court for small damage claims. Unfortunately, If you wish to sue a town in Massachusetts, you will have to do so in Superior Court, and just to file a claim will cost you $280 just to get started. From an economical standpoint, I am not sure it is worth your trouble. My best suggestion is to go down to town hall and provide the pictures and video you have as evidence.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
www.joelhschwartz.com
Answered on Jan 09th, 2012 at 1:29 PM
Personal Injury Attorney serving Fall River, MA
at
Botelho & Associates, LLC
Update Your Profile
You may have a case if the town was in fact negligent in not removing the branch you struck. The main issue is the damages you suffered, which would most certainly not breach the $2,500.00 minimum for a law suit. Your best bet is to file a small claims suit against the town. You will need to prove negligence, simply because it was there for 12 hours doesn't automatically make it negligent, especially if the municipal workers where clearing debris from the storm in another area of the town. If no Personal Injury occurred, you can't sue based on the possibility it could have caused a Personal Injury or Auto Accident.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.Email messages are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
TwitterFacebook
Answered on Dec 15th, 2011 at 11:04 AM