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Surbito, Terry Et Al Vs. Town Of Oxford

Case Last Refreshed: 7 months ago ago

On December 30, 2009 a Other Negligence - Personal Injury / Property Damage case was filed by Surbito, Fernando, Surbito, Terry, represented by Proctor, Esq., Charles F, Triplett, Esq., James B, against Town Of Oxford, represented by Kruczynski, Esq., Steven R, Shea, Esq., Stanley A, in the jurisdiction of Worcester County, MA.

Case Details

Filing Date

December 30, 2009

Last Refreshed

April 25, 2021

Filing Location

Worcester County, MA

Category

Torts

Case History

Type Description
Docket Event JUDGMENTon Directed Verdict: It is ORDERED and ADJUDGED: That the Plaintiffs Terry Surbito and Fernando Surbito take nothing, that the action be dismissed on the merits, and thet the defendant, Town of Oxford recover of the plaintiffs Terry Surbito and Fernando Surbito its costs of action. (see judgment) (Janet Kenton Walker, Justice). Entered and Copies mailed 5/4/2012
Docket Event Daily Juror Attendance list
Docket Event list of Exhibits filed
Docket Event Motion (P#23) After hearing, ALLOWED at the close of plaintiff's evidence. (Janet Kenton Walker, Justice) Notices mailed 5/4/2012
Docket Event Defendant's MOTION for Directed Verdict (filed in court)
Docket Event Court received Trial Documents Submitted in compliance to the Court's "Final Trial Order" dated March 15, 2012. (filed in court)
Docket Event Motion (P#21) DENIED after hearing. (Janet Kenton Walker, Justice) Notices mailed 5/4/2012
Docket Event Plaintiffs' MOTION for Reconsideration to preclude Priscilla Butkus as Witness (filed in court)
Docket Event Motion (P#19) Defendant failed to file a motion for leave to file this motion late. The fact that plaintiff is precluded from producing an expert at trial and that the decision by this court (Lemire, J) on that issue was not docketed until February 27, 2012 is not relevant on whether or not there are disputed issues of fact that were known to the defendant long before that decision. Whether or not the plaintiff is able to prove their case at trial because there is no expert testimony does not mean there are no disputed issues of fact, including but not limited to whether the town was in control of Polito and Town failed to stop the work upon notice of damage. DENIED. (Janet Kenton Walker, Justice). Notices mailed 4/23/2012
Docket Event Hearing on (P#19) Deft. Town of Oxford's Motion for Summary Judgment held, matter taken under advisement. (Janet Kenton Walker, Justice)
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