Smith Duggan Successfully Defends Airport
Smith Duggan attorneys Matthew Walko and Christopher Duggan successfully defended a regional airport against unfounded allegations that exposure to environmental contaminants caused an employee of an airport contractor to contract hypersensitivity pneumonitis. The Massachusetts Superior Court agreed with the Firm’s legal arguments and awarded summary judgment in favor of the airport, dismissing the plaintiff’s claims with prejudice. The Court held that under the controlling provisions of the commercial lease, exclusive control of the area in which the plaintiff worked had been assigned to an airport tenant. The Court explained that the tenant or its maintenance contractor, rather than the airport as landlord, had the responsibility under the controlling contracts to abate the alleged condition that purportedly caused the plaintiff’s injuries. Finally, the Court agreed with the Firm’s position that under Massachusetts law the reservation by the airport of a discretionary right to cure defects in leased premises did not give rise to potential liability on behalf of the airport as landlord.
Should you have any questions about claims against commercial landlords or airport liability law, please feel free to contact attorneys Matthew Walko or Christopher Duggan.