Results + Publications

Nuisance – Premises Liability

Attorney Involved | Dawn M. Piccirilli

Boyle | Shaughnessy Law shareholder Dawn Piccirilli obtained a defense verdict in Essex County Superior Court, Massachusetts. The plaintiff’s case was a unique claim for an alleged nuisance caused by Tedeschi Food Shops, Inc. The plaintiff, who owns property and resides directly behind a Tedeschi’s, alleged that noise from Tedeschi’s rooftop mechanical equipment, and light from Tedeschi’s parking lots, substantially interfered with his use and quiet enjoyment of property. He alleged a diminution in the value of the property and severe emotional distress. The plaintiff further alleged that Tedeschi’s breached its duty to operate its convenience store and deli in a reasonably careful manner by installing the rooftop equipment and allowing the rooftop equipment to operate. The plaintiff alleged that the rooftop equipment produced a sound that exceeded a Massachusetts Department of Environmental Protection (MDEP) guideline in direct violation of a Massachusetts regulation. The plaintiff offered expert testimony of the alleged excessive sound through an acoustics expert. In addition, the plaintiff proffered evidence of the alleged diminution in value due to Tedeschi’s commercial influence through a real estate appraiser. In response, the defense offered evidence that the plaintiff’s acoustics expert’s measurements were unreliable by attacking his method of measurement of the ambient background sound level against which he compared all measurements of sound produced by Tedeschi’s rooftop equipment. In addition, the defense offered evidence to refute the accuracy of sound measurements through expert testimony of a second acoustics expert who also took measurements of the ambient background sound level and of the sound produced by Tedeschi’s equipment. The defense also offered a favorable expert opinion through a lighting expert. Lastly, the defense presented compelling evidence that any diminution in value of the plaintiff’s property was due to market influences rather than noise or light. After a five day trial, a defense verdict was returned.

Results


Contact Us

We invite you to contact our office to learn more about our services, and to discover further information about our attorneys and services. Our team looks forward to serving your needs in the future.

Boston

695 Atlantic Ave, Boston, MA 02111, USA

BRAINTREE

25 Braintree Hill Office Park #301, Braintree, MA 02184

HARTFORD

280 Trumbull Street, 22nd Floor Hartford, CT 06103

MANCHESTER

650 Elm Street, Manchester, NH, USA

NORWALK

162 East Avenue, Suite 1C Norwalk, CT 06851

PORTLAND

477 Congress Street, Fifth Floor Portland, ME 04101

PROVIDENCE

1 Turks Head Place, Providence, RI

Vermont

46 Lincoln Corners Way, Suite 1, Woodstock, VT 05091

WHITE PLAINS

One North Broadway, Suite 410 White Plains, NY 10606

WOODSTOCK, VT

423 W Broadway, Boston, MA 02127, USA

WORCESTER

446 Main Street, Worcester, MA 01608, USA

  • This field is for validation purposes and should be left unchanged.