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March 30, 2012     Post-Gazette
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March 30, 2012

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Page 4 POST-GAZETTE, MARCH 30, 2012 David J. Saliba Attorney at Law Is the City liable when one child in the school yard pushes another child to the ground and breaks his wrist? MELISSA INGERSON et al. v. CITY OF WORCESTER Opinion No.: 117908, Docket Number: 09-2307 SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER November 15, 2011, Decided * November 18, 2011, Filed On December 9, 2008, the plaintiff Anthony Dejesus (Anthony), a second grader at the Belmont Community School, Worcester, Massa- chusetts, exited a school bus and proceeded to the area known as the schoolyard to await entry to the building. At least one school employee was always present at the schoolyard to supervise the students. Some ice and snow was present on the schoolyard that morning. While waiting with other students, Dejesus was inad- vertently pushed to the ground by another student who, in a game of tag; was attempting to avoid being tagged "it." As a result, Dejesus suffered a fracture to his right wrist. Suit was brought against the City of Worcester. The defendant City of Worcester contends that it is immune from liability as a matter of law and is entitled to summary judgment in its favor. The trial Judge said: On the motion record be- fore me, I find that there is nothing upon which an affir- mative act of the City of Worcester, causing or con- tributing to the harm of the plaintiff can be found. The City-of Worcester's inaction in failing to maintain and supervise its students more carefully is pleaded and would be a permissible find- ing by the fact finder if not for the immunity of 10 (j). Although this somewhat technical distinction be- tween school officials' affir- mative acts and failures to act produces a harsh result in this case, it is what the law mandates. Therefore, the City of Worcester's mo- tion for summary judgment must be allowed. ORDER The Motion of the City of Worcester for Summary Judgment Is ALLOWED. This case says that the City is not to be held res- ponsible when one child causes injury to another in the schoolyard. Boston Food Truck Program Schedule Favorite Food Trucks Return to City Streets, Adding New Trucks and New Locations Starting April 1 st Mayor Thomas M. Menino released the 2012 schedule for the City of Boston Food Truck Program, which offi- cially kicks off on April 1. To launch the new season, the City held a Food Truck Lot- tery at City Hall, where 23 food truck vendors partici- pated in a random, draft-style selection event to choose from more than 150 vending shifts -- roughly 74 lunch- time shifts and 63 breakfast and dinner shifts -- at 7 sites across Boston. The City has also added several new food truck sites, including the first 3-truck cluster on city streets, located at Stuart Street and Trinity Place near Copley Square. "Last year's food truck pi- lot program was a great suc- cess and it's wonderful to see so many new and returning food trucks this year," Mayor Menino said. "My adminis- tration has worked exten- sively across City depart- ments and with food truck operators and residents to create a program that con- tinues to give opportunities to small businesses, enliven public spaces, and promote access to fun, interesting, fresh food across the city." The Food Truck Lottery event was held on Thursday, March 8 th at City Hall and was designed to make the scheduling of new and pre- ferred locations a public and transparent process. Of the 23 food trucks, 15 were part of the City's pilot program with 8 new trucks joining the program this year. Food truck owners gathered and drew names, selecting their preferred locations. "The live lottery was a great community event that was fair, innovative, and fun -- in the true spirit of food trucksI" said Loc Vo, owner of the Momogoose food truck. In addition to the return- ing sites at City Hall Plaza, Boston Public Library, Clar- endon Street, among others, the City introduced several new sites for food trucks: LUCIA RISTORANTE & BAR Traditional Italian Cuisine 415 Hanover Street, Boston 61 7.367.2353 11 MountVernon Street, Winchester 781.729.0515 PPivote Function I00ooms foe ontj Occasion ChPisteninq B0000Jol Show+00 BoI00, Bi,4hcl00, u B+r.,+c,v,+m+.l, Elc. Donato Frattaroli donato @ Copley Square at Stuart & Trinity Place - while this site existed last year, we've created the City's first 3-truck cluster site on city streets by adding 2 addi- tional truck-vending sites here. China Trade Building at Boylston Street - next to the outdoor plaza in front of the China Trade building and across from the Regis- try of Motor Vehicles. Financial District - the City's 3 rd food truck cluster site (after City Hall & Stuart Street at Trinity Place) is located on the corner of Milk & Kilby. This site can accom- modate 2 food trucks. South End at Tremont Street and Berkeley Streets adjacent to the Benjamin Franklin Institute. Mayor Menino has been a strong proponent of the food truck movement in Boston. Two years ago, the Mayor launched the Mayor's Food Truck Challenge, inviting local entrepreneurs to pre- sent their food truck menus and concepts for a chance to receive permits to operate on City Hall Plaza as well as financial support from the City of Boston. The three winners of the Challenge that operated on City Hall Plaza winners were: Clover Food Lab, Momogoose, and Bon Me. See the complete food truck schedule at http:// / busi- ness / mobile / publicsites.asp Participating Food Trucks include: Anthony's Catering, BBQ Smith, Bon Me, Boston Speed Dogs, Chicken & Rice, The Dining Car, Chubby Chickpea, Clover, Frozen Hoagies, Froyo, Go Fish, Grilled Cheese Nation, Kick*ss Cupcakes, Lobstah Love, M&M Ribs, Mei Mei's Street Kitchen, Momogoose, Paris Creperie, Redbones, Roxy's Grilled Cheese, Sa- vory Food Truck and Staff Meals. Are We a God Forsaken People? I noticed a billboard over in East Boston near the YMCA on Bremen Street pushing some publishing company. In large writing is written "GOD FORSAKEN" and to its left a simple sentence, "Bad things happen, is there a God?" Growing up Catholic in the '50s and '60s, we were taught at an early age that bad things do happen and that God allows them to hap- pen. Many times these bad things are a tests for us. Life was never meant to be per- fect. People suffer and die all the time. Wars happen. Hor- rible natural disasters tear at the fragility of life. We read of pain every day in newspapers. Most of the time tragedy sells. Usually when I am read- ing this partichlar billboard I am in the midst of a power walk through Bremen Street Park and the old path that once served as the Nar- row Gauge Railroad railbed. I never feel God forsaken when I am out exercising keeping healthy and enjoy- ing the fresh air He gave us. I wonder how often most of us do feel God forsaken when bad things happen and we are troubled to explain any of them away. Or wego to a wake for a dear friend or relative and remember all the good times you and they had and how they are now a part of your past rather than present. I remember when my brother passed back in 2007 at 56 years old and how angry I was that God let him die. He should have had years more to live, enjoyed life and his family. I've seen this billboard message in other neighbor- hoods near busy roads. In this case next to McClellan Highway and Route IA. Near the airport is an appropriate place since jets fly into the heavens all day long. Closer to heaven than we are down below on the streets of East Boston, but still far removed from everlasting life as we hope to come. God forsaken people have lost all hope and live in constant gloom and doom. Not the best way to live and certainly not a good book to read. Adding to this reflection was the recent gospel and sermon by Father Wayne over at Sacred Heart a few blocks away from this bill- board spreading hopeless- ness and fear of tomorrow. In the sermon, he said, "Scrip- ture speaks of accepting light and overcoming dark- ness. We can live in the light or wallow in the dark." The light sounds much more positive, doesn't it? In his homily, he talked about the 3,000 subway dwellers that live in the tunnels far below the streets of New York City, a world of constant dark- ness. Do these dwellers, who almost never surface living in their own dark under- ground world, ever seek the light? Or do they fear it? Do they live in a world forsaken by God or in a world of "self- forsakenness?" It is easy liv- ing in the darkness. You stay put in your life, keep your eyes closed to the beautiful world so nearby. Are these 3,000 lost souls really happy and content as they exist quietly in the cocoon of si- lence and everlasting dark- ness? It sounds like they've created their own hell on earth. No fire but only lone- liness. That is the world of darkness where life is hope- less and without meaning. Even pain brings meaning to life. It highlights where we stand in our time here for good or bad. When we are gone, will we be remembered or forsaken to a storage fa- cility where we are lost for- ever as if we never lived? Thank God that those sub- way dwellers only number 3,000 but even 3,000 are too many. As an aging baby boomer and Catholic who started life speaking Latin at church, I am not God forsaken, I am thankful for my life with all that my life entails. Yes, I don't like my dark moments but I struggle through them because seeking light is seeking meaning and seek- ing meaning is to under- stand life. I was taught God never abandons us; we are never "God Forsaken." As Easter approaches, we will cel- ebrate new life and the light that shines in the darkness. This is a place that must be sought on both the good days of our life and the bad days too. The billboard asks the question, is there a God? The answer is surely yes. Do bad things happen? The answer is yes, too. However, life is meant to be lived, life is here to be celebrated. It belongs to us for as long as it should be. When our time comes, I have faith that we will not be forsaken. All this now means something someday. Otherwise, we would just be wasting our time away. DIVORCE * CRIMINAL * 230 MSGR. 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