Legal Question in Civil Litigation in Massachusetts

Re: Drainage easement

The answer depends on the factual situation, and I cannot tell from your description what sort of situation led to the problem. An easement can be a road, a clearance overhead for wires, or a ditch. I would have to know the specifics to formulate some guidance.

MGL 258 is the Mass Tort Claims act, and allows the state or a municipality to be sued. Without such a law, you could not sue the state!! The statute section states:

Chapter 258: Section 10. Application of secs. 1--8.

Section 10. The provisions of sections one to eight, inclusive, shall not apply to:--

(b) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee, acting within the scope of his office or employment, whether or not the discretion involved is abused;

Whether the DPW supervisor lied or not is not your legal issue. You were not damaged by his lie, but rather by the water that ruined your property. If you want to give me a call, I will discuss this with you. Call (508) 822-7777.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA

Re: Drainage easement

Which city is this?

Pure arrogance! He doesn't know what he's talking about.

Section 10b) limits the state's tort liability

in cases where a functionary had a certain amount of political

discretion to exercise, but recent case law I've managed to dig up

has narrowed the application of that free pass

to specific types of discretion. I'm loathe to just tell you

my conclusion because you could end up trying to sue me for

malpractice based on this e-mail alone (when you really ought

to use a lawyer!) but I'll say this, that if you contact me or

another capable attorney, I think you'd get some U-S-E-F-U-L

advice and maybe representation.

Moreover, you should be cautioned that there are other rules which could apply to get the state off the hook.

I'm in Newton.

Tell me more, please. How much damage was there?

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]

tel (617) 527-0050

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.