Pantazis v. Mack Trucks, Inc., et al. (Lawyers Weekly No. 11-145-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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; SJCReporter@sjc.state.ma.us 16-P-1497 Appeals Court ANN E. PANTAZIS, executrix,[1] vs. MACK TRUCKS, INC., & another.[2] No. 16-P-1497. Worcester. September 12, 2017. – November 27, 2017. Present: Milkey, Hanlon, & Shin, JJ. Negligence, Manufacturer, Duty to warn. Practice, Civil, Summary judgment. Civil action commenced in the Superior Court Department on April 11, 2012. The case against defendant Parker-Hannifin Corporation was heard by Raffi N. Yessayan, J., on a motion for summary judgment, and entry of judgment was ordered by Shannon Frison, J.; the case against defendant Mack Trucks, Inc., was heard by Daniel M. Wrenn, J., on a subsequent motion for summary judgment, and entry of judgment was ordered by him. Roger J. Brunelle for the plaintiff. William J. Dailey, III, for Mack Trucks, Inc. Richard L. Neumeier for Parker-Hannifin Corporation. MILKEY, J. Mark Fidrych owned a dump truck that he used to haul soil. On the morning of April 13, 2009, Fidrych was seen at his farm working on the truck. Later that day, he was found dead underneath it, with his clothing caught up in a spinning universal joint (U-joint) that was part of the mechanical system used to tilt the “dump body” of the truck. The medical examiner identified the cause of death as accidental asphyxiation. In her capacity as executrix of Fidrych’s estate, his widow, Ann Pantazis, filed a wrongful death action in the Superior Court. She sued, among others, Mack Trucks, Inc. (Mack Trucks), which manufactured the original, stripped-down version of the truck, and Parker-Hannifin Corporation (Parker-Hannifin), which had acquired the assets of Dana Corporation (Dana).[3] Dana manufactured a piece of equipment known as a “power take-off” (PTO), which was another part of the system used to tilt the dump body of Fidrych’s truck. In two separate summary judgment rulings, different Superior Court judges ruled in favor of each of these defendants.[4] We affirm. Background.[5] In 1987, Fidrych purchased the truck from Winnipesaukee Truck P&T, an independent Mack Trucks dealer, which had purchased it from Mack Trucks the previous year.[6] At the time of Fidrych’s purchase, the truck was what is known as an “incomplete vehicle.” That meant that the truck had a chassis, cab, and engine, but it lacked essential components (and associated equipment) necessary to carry out the truck’s ultimate intended function. Through […]
Mack v. Wells Fargo Bank, N.A., et al. (Lawyers Weekly No. 11-180-15)
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 14-P-1963 Appeals Court DEVENIA MACK vs. WELLS FARGO BANK, N.A., & others.[1] No. 14-P-1963. Worcester. October 5, 2015. – December 1, 2015. Present: Vuono, Carhart, & Sullivan, JJ. Practice, Civil, Summary judgment. Real Property, Mortgage. Mortgage, Foreclosure. Consumer Protection Act, Mortgage of real estate. Massachusetts Civil Rights Act. Immunity from suit. Rules of Professional Conduct. Civil action commenced in the Superior Court Department on October 15, 2010. The case was heard by Brian A. Davis, J., on motions for summary judgment. Robert M. Mendillo for Harmon Law Offices, P.C., & another. James L. O’Connor, Jr. (Barry M. Altman with him) for the plaintiff. CARHART, J. In this mortgage foreclosure action, the plaintiff alleges that Harmon Law Offices, P.C. (Harmon), as counsel for mortgagor Wells Fargo Bank, N.A. (Wells Fargo), and Commonwealth Auction Associates, Inc. (Commonwealth), violated G. L. c. 93A, §§ 2 and 9, and the Massachusetts Civil Rights Act, G. L. c. 12, § 11I (MCRA), by continuing to advertise and schedule foreclosure auctions of her property in violation of a temporary restraining order and preliminary injunction prohibiting them from doing so.[2] Harmon and Commonwealth (together, the defendants) moved for summary judgment, arguing, among other things, that the “litigation privilege” immunizes them from civil liability for their actions. Summary judgment was denied, and the defendants seek interlocutory review. See Visnick v. Caulfield, 73 Mass. App. Ct. 809, 811 n.4 (2009). We agree that Commonwealth’s actions are not privileged as a matter of law and affirm the order denying Commonwealth’s motion for summary judgment. However, because we conclude that Harmon’s actions are protected by the litigation privilege, we reverse the denial of Harmon’s motion for summary judgment and remand for the entry of summary judgment in Harmon’s favor. Background. The following material facts are undisputed. On May 28, 2010, Harmon notified the plaintiff that it had been retained by Wells Fargo to foreclose on her mortgage. On September 10, 2010, Harmon sent the plaintiff notice pursuant to G. L. c. 244, §§ 14 and 17B, of Wells Fargo’s intent to foreclose on the mortgage and to collect from her any deficiency. The notice also advised the plaintiff that a mortgage foreclosure sale of her property would take place on October 18, 2010. On October 13, 2010, the plaintiff’s attorney wrote to Harmon and […]