Firm obtains dismissal of claims filed outside statutory time limits

BOSTON (Jan. 18, 2011) – Andrew Weiner recently persuaded a Massachusetts Superior Court judge to dismiss a lawsuit alleging negligence, misrepresentation and breach of contract because the complaint was filed beyond the statutory deadline.

The lawsuit was based on allegedly deficient repairs to a homeowner’s roof damaged by a fallen tree in 2003, which the homeowner claimed led to black mold infestation in the attic and ceiling crawl space. In August 2005, the homeowner learned that additional repairs were needed for the damaged roof.

The judge ruled that because the homeowner was placed on notice in August 2005 of the alleged deficiencies of the 2003 roof repair, the homeowner was required under Massachusetts law to file suit by August 2008. However, the homeowner did not do so until October 2009.

The judge noted that the statutory time period for filing a lawsuit does not depend on a claimant learning the full extent of the alleged damages.

“We are pleased that the judge applied the law appropriately and dismissed the lawsuit against our client,” said Weiner. “The deadline for filing a lawsuit can’t be open-ended. Once a party has an indication of a potential claim, the statutory clock starts ticking.”

Weiner further noted that the firm’s client denied any wrongdoing, and that had the case proceeded beyond the motion to dismiss stage the evidence would have shown that the firm’s client did not perform the roof repair work the plaintiff alleged was deficient.

About Barton Gilman

Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work for three consecutive years (2008-2010).