Massachusetts Appeals Court: Jury Must Decide If Half-Inch Defect 'Too Minor or Insubstantial' to Support Negligence Claim

"Newport knew about the protruding 'lip' of the granite margin and planned to eliminate it in the spring through the application of a final course of asphalt that would make the roadway surface flush with the granite," an appellate court judge wrote. "At the time of the incident, the granite protrusion lacked any traffic cones, warning signs, or paint. As Newport's construction manager put it, he believed paint was not necessary because the protrusion was 'not in a pedestrian path of travel.'"

July 24, 2023 at 06:39 PM

4 minute read

Allison Dunn