Arturo Rivera vs. Robert Beauregard

Case Background

The plaintiff, Arturo Rivera, filed the Premises liability lawsuit on February 5, 2021, in the Massachusetts State, Superior Court of Bristol County (Case number: 2173CV00098). Judge Katie C. Rayburn presided over the case.

Cause

The plaintiff, Arturo Rivera, resided at 931 Pleasant Street, Apartment 1A, in New Bedford, Massachusetts. The defendant, Robert Beauregard, owned the multi-unit residential building located at 931 Pleasant Street in New Bedford, Massachusetts.

On or about April 10, 2018, the plaintiff ascended the front exterior stairs leading to the entrance of the 931 Pleasant Street apartments. As he approached the top of the stairs, he leaned against a wooden railing for support. The railing suddenly gave way, causing him to fall several feet to the ground below.

The wooden railing on the stairs from which the plaintiff fell was in a state of disrepair, being loose, unsecured, and rotten. The stairs and railing were not constructed or maintained in compliance with the Massachusetts State Building Code, the Massachusetts Sanitary Code, and the Code of Massachusetts Regulations. The defendant had actual and/or constructive notice of the dangerous, defective, and unlawful condition of the railing and stairway before the incident.

Injuries

As a result of the defects in the stairway and railing, the plaintiff suffered severe injuries. These injuries required hospitalization and extensive medical treatment. The plaintiff incurred significant medical expenses and endured substantial pain and suffering.

Damages

The plaintiff sought judgment against the defendant for his injuries, medical expenses, and pain and suffering. He also demanded interest, costs, and any other appropriate relief. Additionally, the plaintiff requested a trial by jury on all issues.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Arturo Rivera
    • Counsel for Plaintiff: Michael Ready| John P. Riordan Jr.
  • Defendant(s):Robert Beauregard
    • Counsel for Defendants: John A. Walsh

Claims

The plaintiff made several legal claims against the defendant. First, he claimed the defendant breached the duty of care by failing to properly design, construct, inspect, and maintain the stairway and railing. Second, he alleged the defendant violated the Massachusetts State Building Code. The stairway failed to meet the required standards, including the rotting and unsecured railing. Third, the plaintiff claimed the defendant breached the implied warranty of habitability by maintaining the premises in an unsafe condition. Finally, the plaintiff argued that the defendant violated M.G.L. c. 93A by failing to comply with public safety statutes and regulations.

Defense

The defendant, Robert Beauregard, filed an answer to the plaintiff’s complaint. He admitted certain factual allegations made by the plaintiff, including the plaintiff’s residence at 931 Pleasant Street and the defendant’s ownership of the multi-unit building at that address. However, the defendant denied several of the plaintiff’s key allegations. He denied that the wooden railing was loose, unsecured, rotten, and in a state of disrepair. He also denied that the stairs and railing were not constructed and maintained consistent with the requirements of the applicable building codes.

Furthermore, the defendant denied the plaintiff’s allegations that he had actual or constructive notice of the dangerous, defective, and unlawful condition of the railing and stairway before the incident. He also denied the plaintiff’s claims that the defects in the stairway and railing, along with the code violations, caused the plaintiff to sustain severe injuries requiring medical treatment. The defendant asserted several affirmative defenses, including insufficiency of service of process, insufficiency of process, failure to state a claim upon which relief could be granted, and the statute of limitations. The defendant requested that the court dismiss the plaintiff’s claims and enter judgment in his favor.

Jury Verdict

On March 13, 2024, the jury rendered a verdict in favor of the defendant and against the plaintiff in Premises liability lawsuit.

Court Documents:

Available Upon Request