DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 14

Citation
Section 14
Parent Document
Layes v. RHP Properties, Inc. (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-08-28
Original Source
https://www.courtlistener.com/opinion/4657186/layes-v-rhp-properties-inc/ ↗

Other Sections in This Document (524)

Full Text

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43Although the defendants point out that they have a
defense if injury was caused by the plaintiffs' own negligence,
that is not a basis for denying class certification here. There
was no evidence on this record suggesting that any resident had
negligently caused an "environmental concern[] or risk[]," or
had damaged any utility components through negligence or
misconduct. See §§ 10.03(2)(n), 10.05(4)(d). The fact that the
Attorney General's regulations may theoretically provide
defenses to the defendants' liability as to hypothetical class
members is not a basis for denying class certification. See
Salvas, 452 Mass. at 367.