Posts tagged "1106317"

Hyannis Anglers Club, Inc., et al. v. Harris Warren Commercial Kitchens, LLC (and a consolidated case) (Lawyers Weekly No. 11-063-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   16-P-34                                         Appeals Court   HYANNIS ANGLERS CLUB, INC., & others[1]  vs.  HARRIS WARREN COMMERCIAL KITCHENS, LLC[2] (and a consolidated case[3]).     No. 16-P-34.   Barnstable.     October 14, 2016. – May 23, 2017.   Present:  Vuono, Massing, & Sacks, JJ.     Consumer Protection Act, Unfair or deceptive act, Attorney’s fees, Damages.  Fraud.  Deceit.  Damages, Consumer protection case, Deceit.       Civil actions commenced in the Superior Court Department on September 6, 2011, and April 29, 2013.   After consolidation, the case was tried before Christopher J. Muse, J., and a motion for attorney’s fees and costs was heard by him.     Stephen Soule & Clyde K. Hanyen, Jr., for Hyannis Anglers Club, Inc., & another. John J. Lang for Harris Warren Commercial Kitchens, LLC. VUONO, J.  Shortly after 5:00 A.M. on August 27, 2010, a fire erupted in the kitchen of a restaurant in Hyannis owned by Oceans Harbors, LLC (Harbors).  The blaze originated in a “Pitco Frialator” (fryer),[4] a cooking appliance, which, some twelve hours earlier, had purportedly been repaired by a technician employed by Harris Warren Commercial Kitchens, LLC (Harris), a firm engaged in repairing commercial kitchen equipment.  The restaurant operated on the first floor of a two-story building owned by Hyannis Anglers Club, Inc. (Anglers Club).  The Anglers Club, Harbors, and their insurer, Certain Underwriters at Lloyd’s London (Underwriters), brought this action against Harris seeking damages for the losses caused by the fire and for violations of G. L. c. 93A, §§ 2 and 11.[5] Following a trial in the Superior Court, a jury found that Harris was negligent, and the plaintiffs were awarded $ 686,496.44, exclusive of costs and statutory interest.[6]  Thereafter, the trial judge, who had reserved for himself the plaintiffs’ claim under c. 93A, entered findings, rulings, and an order in which he concluded that Harris had violated c. 93A when its employee, for whom Harris was vicariously liable, disabled a safety switch on the fryer, concealed this fact from Harbors, and falsified the associated work documentation in violation of the Attorney General’s rules and regulations regarding repairs and services, 940 Code Mass. Regs. § 3.08(1)(e) (1993).  The judge ruled that this deceptive conduct “caused the fire that damaged plaintiffs’ businesses and property.”  However, the judge declined to find, as the plaintiffs alleged, that Harris had wilfully or knowingly violated c. 93A, a ruling that foreclosed an award of […]


Posted by Massachusetts Legal Resources - May 23, 2017 at 6:39 pm

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