Donarumo, et al. v. Phillips, et al. (Lawyers Weekly No. 09-034-18)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss SUPERIOR COURT CIVIL ACTION 16-00023-C ANDREW DONARUMO, individually & d/b/a Drew Donarumo Plumbing & Heating, Donarumo Plumbing & Heating, & Drew’s Plumbing & Heating Inc. Plaintiffs v. JEFFERY J. PHILLIPS, Esq. & DANIEL TREGER, Esq. Defendants MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PURSUANT TO MASS. R. CIV. P. 56 Plaintiffs Andrew Donarumo (“Mr. Donarumo”), individually and d/b/a Drew Donarumo Plumbing & Heating, Donarumo Plumbing & Heating and Drew’s Plumbing & Heating Inc. (collectively, the “Plaintiffs”), bring this legal malpractice action against their former counsel, Jeffrey J. Phillips, Esq. (“Attorney Phillips”) and Daniel Treger, Esq. (“Attorney Treger”). Plaintiffs allege that the Defendants were negligent and violated Mass. G.L. c. 93A during their representation of them in a civil action arising out of the sale of Plaintiffs’ plumbing business. Presented for decision is the Defendants’ Motion for Summary Judgment Pursuant to Mass. R. Civ. P. 56. Following a hearing and for the reasons which follow, the Defendants’ motion shall be DENIED. FACTUAL BACKGROUND The following facts are drawn from the summary judgment record and the statement of undisputed material facts filed jointly by the parties under Superior Court Rule 9A(b)(5). The Court views this record in the light most favorable to the Plaintiffs, the non-moving party. The Furlong Litigation On January 10, 2008, Michael G. Furlong, Esq., JoAnn Furlong and Drew’s Plumbing & Heating II, Inc. (the “Furlongs”) brought an action against the Plaintiffs in Superior Court, alleging that the Plaintiffs had engaged in unlawful and bad faith conduct in connection with the sale of their plumbing business to the Furlongs (the “Furlong litigation”). More specifically, the Furlongs alleged that the Plaintiffs violated contractual and common law tort duties owed to them when, immediately following the sale, the Plaintiffs opened up a new plumbing business that began competing against the company sold to the Furlongs. The Furlongs asserted several causes of action against the Plaintiffs (including violations of Chapter 93A) which, if proven, would have allowed the Furlongs to recover multiple damages and attorneys’ fees. On June 13, 2008, the Plaintiffs retained Attorneys Phillips and Treger (collectively, the “Defendants”) to defend them in the Furlong litigation. To that end, Mr. Donarumo and Deirdre Donarumo (“Ms. Donarumo”), his spouse and the Trustee of the Donarumo Realty Trust, executed a Legal Services Agreement with the Defendants. The Defendants thereafter represented the Plaintiffs in the Furlong litigation during the case’s discovery phase, through the trial, and up until September 19, 2013, at which time the Plaintiffs directed the Defendants to cease their post-trial work on Plaintiffs’ behalf. The Defendants’ Legal […]