Opinion
13-P-1688
11-24-2014
BERNARD J. MARTIN & another v. ANGELINI PLASTERING, INC., & another.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PUSUANT TO RULE 1:28
Hartford Insurance Company of the Midwest accurately states in the opening line of its brief: "[t]his appeal presents the same question of law that [was] before this Court in DiCarlo v. Suffolk Construction Co., No. 2013-P-388." Moreover, as the parties agreed at oral argument, this case is on all fours with DiCarlo v. Suffolk Constr. Co., 86 Mass. App. Ct. 589 (2014). We therefore affirm, for the reasons set forth in that opinion.
Order allowing petition for approval of settlement affirmed.
By the Court (Kafker, Cohen & Milkey, JJ.),
Panel members appear in order of seniority.
Clerk Entered: November 24, 2014.