Massachusetts Attorneys Obtain Summary Judgment in Construction Accident case

Massachusetts attorneys Eileen P. Kavanagh and Gayatri R. Deodhar successfully obtained summary judgment on a matter in the Norfolk Superior Court regarding a construction accident resulting in an alleged closed head injury.

Plaintiff, an employee of a day labor staffing agency, was retained through the agency by our remediation specialist client to perform work on a job site in Plainville, MA. At the time of hire, the plaintiff signed a waiver with the agency agreeing to release all claims that would fall under the workers’ compensation statute against the staffing agency’s “clients or customers.” In the course of performing work on site for our client, plaintiff was struck in the head by a bucket lift, allegedly sustaining closed head injuries.

Notwithstanding the waiver, the plaintiff filed suit against the defendant. The Court, in allowing Eileen and Gayatri’s Motion for Summary Judgment, agreed with Litchfield Cavo LLP attorneys’ arguments that the waiver was unambiguous and enforceable, and that by its terms, the plaintiff was precluded from filing suit against the defendant, thereby dismissing plaintiff’s claims against our client.

Eileen is a partner in Litchfield Cavo’s Lynnfield, MA office. She is a seasoned litigator with more than 30 years of experience in the state and federal courts. Eileen concentrates her practice on lender liability defense and complex commercial litigation, as well as the defense of personal injury and damages claims. To learn more about Eileen’s practice, please visit her web page.

Gayatri is an attorney in Litchfield Cavo’s Lynnfield, MA office. She focuses her practice in construction, employment, premises liability, products liability, personal injury and professional liability. To learn more about Gayatri’s practice, please visit her web page.