United States First Circuit

In a negligence action against a public utility and the government, grant of summary judgment to defendants is affirmed where: 1) government had no duty to plaintiff as it did not have ownership or control over the road where the accident occurred and was not responsible for maintaining it in a safe condition; and 2) co-defendant Boston Edison owed no duty to plaintiff because plaintiff's accident was not reasonably foreseeable.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Scott E. Charnas, with whom Charnas Law Firm, PC was on brief, for appellants.


• For Appellees:
  
• Michael K. Callahan, with whom Marissa A. Goldberg, was on brief for appellee Boston Edison Company d/b/a NSTAR Electric., Anita Johnson, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee United States.