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FILEPP v. BOSTON GAS COMPANY, INC.

No. 13-P-115.

85 Mass. App. Ct. 901 (2014)

TOM FILEPP v. BOSTON GAS COMPANY, INC.

Appeals Court of Massachusetts.

February 27, 2014.

Attorney(s) appearing for the Case

Traver Clinton Smith, Jr. , for the plaintiff.

David Viens for the defendant.

RESCRIPT

The plaintiff suffered injuries after falling from his bicycle while riding on Harvard Street in Brookline on May 31, 2005. The plaintiff's amended complaint alleges that his fall was caused by a two-inch wide "rut" in the pavement, created by Boston Gas Company, Inc. (Boston Gas) incident to work it performed on gas lines running under the street. Boston Gas moved for summary judgment based on the plaintiff's failure to send notice of his claim to Boston...

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