Everest National Insurance Company v. Berkeley Place Restaurant Limited Partnership (Lawyers Weekly No. 12-155-16)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2011-1470 EVEREST NATIONAL INSURANCE COMPANY vs. BERKELEY PLACE RESTAURANT LIMITED PARTNERSHIP ORDER ON POST-VERDICT ISSUES AND FOR JUDGMENT This action was commenced by Everest National Insurance Company as subrogee of three persons: Timothy J. Barletta (“Timothy”), Barletta Engineering Corporation (“Barletta Corp.”) and Osprey Equipment Corporation (“Osprey”). The action is one for contribution under G.L. c. 231B, § 1(d ). Everest, as insurer for all three persons, paid a settlement amount to a state trooper who was seriously injured in a car accident when he was struck from behind by a car driven by Timothy. Everest asserted in this case that defendant, Berkeley Place Restaurant Limited Partnership, d/b/a Grill 23 (“Grill 23″), is jointly liable to the state trooper as a result of negligently serving Timothy alcohol in the hours before the accident. Following a jury verdict in favor of Everest that determined that Grill 23 is liable as a joint tortfeasor and that the settlement reached by Everest with the state trooper and his wife was reasonable, the parties address two issues: (1) how many tortfeasors bear responsibility for a pro rata share of the settlement, and (2) what amount is Everest entitled to receive as contribution from Grill 23? Both questions involve application of the contribution statute. For the first question, the court must determine whether “if equity requires, the collective liability of some as a group shall constitute a single share.” G.L. 1 c. 231B, § 2(b). The second question is whether, under G.L. c. 231B, §1, Everest may obtain contribution for more than a pro rata share of what it paid in settlement? FACTS On Saturday night, September 27, 2008, Timothy attended a private birthday party at the Grill 23 restaurant in Boston. The person being celebrated was Timothy’s sister-in-law, Laura Barletta, and the person throwing the party was her husband, Timothy’s brother, Vincent Barletta. Approximately 40 people attended the party and the guests were, generally, friends and family of Laura Barletta. The party was held in a function room, separate from the rest of the restaurant. There was evidence before the jury sufficient to show that at the party Timothy was served alcohol after it had been recognized by the Grill 23 manager on duty that Timothy was visibly intoxicated. Timothy left the party with his girlfriend, got into a motor vehicle, and drove west on the Mass Pike. Several minutes later, Timothy, while operating under the influence of alcohol, smashed into the rear of a state police vehicle parked on the edge of the Pike to assist a stopped car. State Trooper Christopher Martin was inside the state police vehicle. As a result of the […]
Let’s Play A Game: Name The Restaurant
I check out restaurants in the South End all the time, and you can find all kinds of fantastic dishes. So, where do you think I am, and what did I order? Take a guess in the comments! South End Patch News
SoWa Food Truck Runs Kickstarter Campaign to Open Restaurant
One of Boston’s most popular food trucks, Mei Mei’s Street Kitchen, is opening a brick-and-mortar restaurant in Audubon Circle this summer. But the owners of this already non-traditional business have sourced funding for their new expansion in yet another non-traditional way: By launching a Kickstarter campaign. Owners and siblings Andy, Margaret (Mei) & Irene Li opened their American-Chinese cuisine food truck in 2012, combining Andy’s dining management experience with Mei’s business acumen and Irene’s farming and cooking skills. Their Kickstarter campaign set a goal of $ 28,000 on June 1st to help turn their brick-and-mortar restaurance space into a certified sustainable business by the Sustainable Business Network. The trio said funds raised will go to environmentally-friendly improvements such as energy-efficient lighting, infrastructure & kitchen equipment, low-flow plumbing, compost and recycling programs, reclaimed materials for our floors, walls and counters and other green intiatives. And by Monday, June 24, one day before the last day of the campaign, they had raised $ 32,000 through more than 300 backers to accomplishing their goal. “We’re so grateful for all your support, and we’re so excited to feed you in the restaurant and hook you up with your rewards!” they wrote in an update on their Kickstarter page. The restaurant is scheduled to open by the end of the summer, on the corner of Park Drive and Buswell Street in Audubon Circle. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Campaign, Food, Kickstarter, Open, Restaurant, Runs, SoWa, Truck
Healthy Fast Food Restaurant Eyes Downtown Spots
A California-based company offering healthier fast food options could soon be coming to Boston. Lyfe Kitchen is looking for space in the city’s Downtown Crossing, Seaport District and Faneuil Hall areas in an effort to bring their quick-and-healthy restaurant concept from the West Coast to the East, the Boston Business Journal reports. The company currently has two locations in Culver City and Palo Alto, CA and is looking to expand to 250 restaurants nationwide, according to the BBJ. That could include up to 10 Lyfe Kitchens in the Boston area. Lyfe Kitchen’s menu items are all under 600 calories each, and the company promises “quality food using locally and sustainably sourced ingredients whenever possible,” according to its website, restaurant.lyfekitchen.com. The menu features breakfast to dinner options, with salads, “small bites” and desserts in between. Main dish offerings include a quinoa crunch wrap (547 calories, $ 8.99), grilled barramundi with soba noodles (286 calories, $ 13.99) and portobello pasta (581 calories, $ 11.99), among many others. Lyfe Kitchen co-founder Michael Donahue, who previously served as McDonald’s global communications chief, told the Journal he feels Boston would be a “robust market” for the new company, which opened its second location in March. The company is currently looking for an eligible franchisee to operate the Boston sites, according to the BBJ report. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Week in Review: New Puerto Rican Restaurant, Public Art Unveiled
The following are the top articles on South End Patch from May 27 to May 31, 2013: Police: Man Sold Heroin to Undercover Officers on Harrison Ave Boston Police arrested a JP man on drug possession and distribution charges. New Puerto Rican Restaurant Opens in South End Find out what’s on the menu at the South End’s newest Spanish restaurant. South End to Get New Public Art on Friday Local award-winning artist David Phillips, known for his public art at Boston Common, will unveil a new sculpture at the Animal Rescue League. What Sold in the South End: Union Park Condo for $ 920K Check out a few of the properties that sold this week in the Boston area. 10 Boston Hot Spots for Crime These 10 Boston areas, including one in the South End, have been identified for intense Boston Police enforcement, quality of life and services focus. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
New Puerto Rican Restaurant Opens in South End
15 years after he closed his Spanish restaurant business, chef and restaurant owner Angel Carrasquillo is right back where he started. A few weeks ago, Carrasquillo opened Mana Escondido Cafe at 68 Aguadilla St. in the South End, in the exact space that used to house his former restaurant, Pioneer, in the ’90s. Carrasquillo ran Pioneer for five years before deciding to sell it and start a 15-year career in the property management business in Boston. But three years ago when he was laid off from that position, his mind returned to owning his own restaurant again. “The owner of the building gave me a call to see if I wanted to come back to the restaurant business, and I guess it was a perfect timing because that same week I was laid off from my job,” he said. “So I jumped into the opportunity to come back. It’s like déjà vu.” Carrasquillo said that restaurants have been in his family for generations, and still are. His grandmother owned three restaurants in Puerto Rico, and now he, his wife, their parents and their two children are all working at the new restaurant. The menu features a mix of Spanish breakfast, lunch and dinner food with 90 percent or so Puerto Rican, and a few signature items from the Dominican Republic and Cuba. Carrasquillo said the current top seller is Alcapurria, a snack food that’s yam, green banana and crab or beef. Carrasquillo said that 15 years after his last restaurant, he’s made a lot of changes, but still knows customer base. “My clientele know pretty much what they want,” he said, noting that he’s still altering the menu to fit the need of the neighborhood. Despite the restaurant being tucked away on a small side street of Tremont Street, Carrasquillo said that since the restaurant’s opening business has been good, and he even has plans to expand to outdoor seating and a Spanish buffet. “The neighbors have supporting the restaurant and and so far so good,” he said. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Klairmont, et al. v. Gainsboro Restaurant, Inc., et al. (Lawyers Weekly No. 10-087-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11154 LISA KLAIRMONT & another,[1] administrators,[2] vs. GAINSBORO RESTAURANT, INC.,[3] and others.[4] Suffolk. January 7, 2013. ‑ May 16, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Consumer Protection Act, Unfair or deceptive act, Availability of remedy, Damages, Attorney’s fees, Jury trial. State Building Code. Wrongful Death. Survival of Action. Practice, Civil, Consumer protection case, Wrongful death, Survival of action, Damages, Attorney’s fees, Findings by judge, Jury trial. Damages, Consumer protection case, Wrongful death, Conscious pain and suffering, Future earning capacity, Loss of consortium, Punitive, Attorney’s fees. Proximate Cause. Trust, Personal liability of trustee. Civil action commenced in the Superior Court Department on December 7, 2007. The case was tried before Elizabeth M. Fahey, J. The Supreme Judicial Court granted an application for direct appellate review. Michael F. Aylward (Richard W. Jensen with him) for the defendants. Joseph S. Sano (Thomas M. Elcock & Jeffrey A. Newman with him) for the plaintiffs. The following submitted briefs for amici curiae: Mark A. Behrens & Cary Silverman, of the District of Columbia, & Ryan K. Farnsworth for Associated Industries of Massachusetts & others. James M. Campbell for Federation of Defense and Corporate Counsel. Michael C. Gilleran & Michael D. Riseberg for Massachusetts Defense Lawyers Association & another. Timothy C. Kelleher, Jeffrey S. Beeler, Thomas R. Murphy, & J. Michael Conley for Massachusetts Academy of Trial Attorneys. BOTSFORD, J. At approximately 1:46 A.M. on April 1, 2007, Jacob Samuel Freeman fell down a staircase at Our House East, a bar and restaurant in Boston. As a result of injuries sustained from the fall, Jacob[5] died on April 3, 2007. The plaintiffs, Lisa Klairmont and Michael Freeman, the parents of Jacob, filed this action thereafter in the Superior Court in their capacities as administrators of Jacob’s estate against Gainsboro Restaurant, Inc., doing business as Our House East (Our House East); and Holli P. Vara, Franklin E. Melgar, and Henry D. Vara, III[6] (collectively, trustees), as the trustees of the 50-58 Gainsborough Street Realty Trust (trust), the entity that owns the land and buildings within which Our House East operates. The complaint alleged claims against Our House East and the trustees for the wrongful death of Jacob and for violation of G. L. c. 93A. After a […]
Upper Crust: New Owner Says Restaurant ‘Will Be Run Better’
It’s new management and new faces for the South End’s Upper Crust, as it reopens under new management after being closed for several months. The firm UC Acquisitions purchased the property in January along with locations in Wellesley, Watertown and Lexington during an auction after its previous owners filed for bankruptcy last year. The troubled pizza chain’s former owner, Jordan Tobins, was accused of several labor issues including failing to pay employees their wages, allegedly relying on undocumented workers for labor, and using company money for personal use. Despite reports from some media outlets that the former owner Tobins was connected to the new ownership, Shawn Shenefield, Director of Operations at UC Acquisitions Shawn Shenefield said Tobins is playing no role in the re-opened chain. “From what I can tell there’s no connection,” said Shenefield. “UC Acquisitions manages money for wealthy families, and I think one of the original owners knew him, but there’s no involvement for operations.” The South End store re-opened for business on March 22nd. Shenefield said that although the South End space has been renovated, the product is mostly unchanged, still relying on fresh ingredients, of which many are locally sourced. “It’s a great product, it’s a great brand, and we all believe in that,” he said. “It just needs to be run properly.” Shenefield said another change at the re-opened pizza chain is to focus more on its employees. “We’re going to make sure our employees are well trained and well taken care of,” he said. “We have great employees, and we were lucky enough to have a couple people come back who worked for the previous company.” Shenefield said this is the ownership group’s first venture into a retail restaurant business, and have been “very involved and interested” in the company’s day-to-day operations. “We’re not doing anything fancy – just going back to the basics with a good product, good service, and great employees,” he said. “”The product is going to be great, and the restaurants are going to be run better than they were before.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Week in Review: TV Show Filming, Restaurant Week
The following are the top headlines on South End Patch from March 11 to March 15, 2013: TV Show Filming in South End Next Week ABC’s new drama “Hatfields & McCoys,” will shoot on Waltham, Harrison and Washington Street next week. South End Man’s Remains Found in Charles River State Police detectives identified the remains of a man found in the Charles River on Thursday as a 32-year-old South End man. South End’s Cathedral: A ‘Good Sign’ New Pope is from Latin America The white smoke appeared on Wednesday, signaling that the conclave had chosen Argentinian Cardinal Jorge Mario Bergoglio to be the new head of the Catholic Church. Where to Eat During Restaurant Week in the South End Boston Restaurant week will be held next week, from March 17 to 22, and March 24-29, 2013. BMC Emergency Room Wait Times Comparable to Other Boston Hospitals Medicare database shows how hospitals across Boston—and the nation—compare for care. Hospitals, meanwhile, criticized the data as inaccurate. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Where to Eat During Restaurant Week in the South End
Boston Restaurant Week is back and starts next week, from March 17-22 and March 24-29. In the South End, 18 restaurants are participating this round, up from 16 last summer. New to the lineup in the South End this year is Cinquecento, the newly opened Italian restaurant from the Aquitaine Group. Another change new to the 2013 Restauarant Week in Boston is a slight increase in prices: 3 Course Dinner for $ 38.13 3 Course Lunch for $ 20.13 2 Course Lunch for $ 15.13 With more than 200 restaurants to choose from in the Boston and Greater Boston area, there’s something for everybody. You can search by neighborhood at RestaurantWeekBoston.com. But to make it easy, here’s some of our favorites in South End: B&G Oysters – (550 Tremont St.) This seafood-lovers delight of a restaurant is serving up appetizers like a cup of clam chowder and halibut tartare and featuring entrees including pan-roasted blue cod and scallops with fennel puree. See here for the full menu. Cinquecento – (500 Harrison Ave.) If you haven’t been by here yet, now’s your chance to get your three courses and a complimentary glass of wine. This new Italian restaurant offering from the Aquitaine Group includes appetizers like wild mushroom soup and veal and potato meatballs, entrees like slow-roasted lamb leg with ceci bean ragu and caramelized garlic, and deserts including ricotta cheesecake. See the full menu here. Estragon (700 Harrison Avenue) Tapas lovers, rejoice! Estragon has posted a huge menu of various types of Spanish small plates, and diners will get to choose one appetizer, two plates and one desert. There’s also an additional a la carte menu. Highlights include grilled baby lamb chops, braised oxtail and mussels with choizo. See the full menu here. Gaslight – (560 Harrison Avenue.) If French food is more your fare of choice, check out this week’s menu at Gaslight to experience a traditional French Coq au Vin (red wine braised chicken with bacon and pearl onions) or braised Brandt beef short ribs with a sherry thyme sauce. See the full menu here. Darryl’s Corner Bar and Cafe – (604 Columbus Ave.) Darryl’s, known for their Southern style comfort food, is featuring some of its signature menu items on their restaurant week menu next week, including their braised short ribs and jambalaya with shrimp, sausage chicken and mussels. Plus, for desert, they’ve got a mile high chocolate cake. See the full menu here. Where else do you recommend? Tell us in the comments. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: During, Restaurant, South, Week