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MEYER v. VEOLIA ENERGY NORTH AMERICA

SJC-12606.

482 Mass. 208 (2019)

RICHARD MEYER v. VEOLIA ENERGY NORTH AMERICA.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 2019.

Attorney(s) appearing for the Case

Kevin J. Powers ( Andrew M. Fischer also present) for the plaintiff.

Christopher R. Howe for the defendant.

John Pagliaro & Martin J. Newhouse , for New England Legal Foundation, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

While riding his bicycle on Sudbury Street in Boston, the plaintiff, Richard Meyer, struck a utility cover that was misaligned with the road surface and injured himself. Within thirty days of the incident he submitted notice of claim to the city of Boston (city) regarding his injury. Thirty-one days after the

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