BERNIER V. BOSTON EDISON CO. 403 N.E.2d 391 (1980) CASE BRIEF

BERNIER V. BOSTON EDISON CO.

403 N.E.2d 391 (1980)

NATURE OF THE CASE: Boston (D), electric company, appealed a decision of a United States District Court, which entered judgment in favor of Bernier (P), teenagers, in two consolidated actions for injuries that were suffered when an automobile knocked over an electric pole and struck Ps as they walked down a sidewalk.

FACTS: Arthur Bernier (P) and Patricia J. Kasputys, (P1) are eighteen and fifteen years old. They went to the ice cream parlor. Ramsdell (D1) and John Boireau (D2) both wanted to make a right turn on Muzzey Street. Ds were involved in a minor collision occurred some ten to fifteen feet into Muzzey Street intersection, D2's right front fender being slightly dented by contact with D1's left front fender. On impact, D1, a woman of sixty-nine, hit her head against her steering wheel and suffered a bloody nose. She testified she 'lost complete control of that car.' Dazed, she unknowingly let her foot slip from the power brake to the gas pedal. She accelerated across Muzzey Street, bounced to the south sidewalk of Massachusetts Avenue, and moved about fifty-five feet down the sidewalk. She caused significant damage and eventually knocked down an electric light pole owned by D, and struck Ps who had left the ice cream parlor and were walking side by side west, into the face of the oncoming car. The electric light pole struck a Volkswagen parked along Massachusetts Avenue and came down across the legs of P. D2 was able with help to lift the pole off P. P's thighs and left shin bone were broken, the latter break causing a permanently shortened left leg; and he had other related injuries. P1 lay within two feet of the pole further in from the curb than P. There was no eyewitness testimony that she had been struck by the pole. She was unconscious and vomiting. She suffered a skull fracture on the right side of her head where pieces of metal and a length of wire were found imbedded, and developed permanent pain in her left lower leg. Ps sued and the actions were consolidated. These complaints alleged that D had negligently designed, selected, constructed, and maintained the pole at Lexington Center. The jury returned verdicts clearing D2 but holding D1 and D liable. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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