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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)

Citation
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Parent Document
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Jurisdiction
Massachusetts (state)
Effective Date
1999-04-08

Other Sections in This Document (25)

Full Text

639 chars
The judge defined negligence as “the performance or the omission of some act in violation of a legal duty.” She instructed that, because the defendant had a duty, the plaintiff was required to show that “the Defendant failed to exercise the . . . amount *305of care that a prudent person would exercise [in] the circumstances.” She then read from the codes and explained that a violation of a code provision is not conclusive on the issue of liability. Rather, it is evidence of negligence. This instruction is consistent with the language used in Perry v. Medeiros, 369 Mass. 836, 841 (1976). See id., and cases cited. There was no error.