Boston Segway Tours, Inc., et al. v. Danley, et al. (Lawyers Weekly No. 09-066-17)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIV. NO. 15-1498 BLS 2 BOSTON SEGWAY TOURS, INC. and IAN MEYER, Plaintiffs, vs. ALLAN DANLEY and EASTERA PHOU Defendants MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT This case began as a dispute over ownership interests in a company, Boston Segway Tours, Inc. (BST) that offers Boston tours by the use of Segways. Plaintiff Ian Meyer claimed that he was the full owner, whereas the defendant Allan Danley claimed that he was the owner. Beyond the question of ownership, each party asserted multiple common law counts against the other, as well as violations of Chapter 93A. Following a jury -waived trial on the limited question of ownership, this Court issued a written opinion determining that Meyer was the full owner. See Findings of Fact and Rulings of Law dated January 12, 2016 (the January 2016 Decision). Shortly thereafter, Danley filed for bankruptcy and a Trustee was appointed by the Bankruptcy Court. The Trustee, on behalf of Danley, filed an Amended Counterclaim in this action. The case is now before the Court on Cross Motions for Partial Summary Judgment as to the Amended Counterclaim. Plaintiff seeks summary judgment in his favor on the following counts of the Amended Counterclaim: Count I (breach of contract), Count II (monies owed), Count III (unjust enrichment), Count IV (fraud), Count V (breach of the covenant of good faith and fair dealing) and Count VI (violation of chapter 93A). Before the hearing on the plaintiff’s motion, the defendant agreed to dismiss Counts IV through VI, so that those counts are no longer at issue. As to the remaining Counts (I through III), the defendant cross moved for summary judgment in his favor. The basis for these counts is Danley’s claim that he provided consulting services and equipment to BST and Meyer for which he is entitled to payment. Those counts also encompass Danley’s claim that he loaned Meyer $ 73,200 which has not been fully repaid. This Court concludes that Danley is entitled to summary judgment in his favor as to liability, with the precise amount of damages to be determined at later hearing. The Court reaches this conclusion based on the fact findings it rendered in its January 2016 Decision. As explained in that decision, Danley had originally formed the Segway tour company under the name Boston by Segway, but in 2011 decided to sell it to Meyer. This Court found that in order to facilitate that transfer of ownership: Danley agreed to lease his fleet of Segways to the new company and would front the startup costs by way of a personal […]