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Klairmont v. Gainsboro Restaurant, Inc.


Docket #SJC-11154
Date January 7, 2013
VideoView oral argument with Windows Media Player
JusticesIreland, C.J., Spina, Cordy, Botsford, Gants, Duffly, Lenk, JJ.
Summary 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.
Appealed FromSuffolk Superior Court, Justice Elizabeth M. Fahey
BriefsSee selection available in PDF format at Supreme Judicial Court website
Counsel for Appellant
(Appearing)
Gainsboro Restaurant, Inc.:  Michael F. Aylward, Richard W. Jensen
Counsel for Appellee
(Appearing)
Klairmont:  Joseph S. Sano, Thomas M. Elcock, Jeffrey A. Newman
Amici CuriaeAssociated Industries of Massachusetts; Coalition for Litigation Justice; NFIB Small Business Legal Center; American Tort Reform Association; Federation of Defense and Corporate Counsel; Massachusetts Defense Lawyers Association; DRI - The Voice of the Defense Bar; Massachusetts Academy of Trial Attorneys

OpinionClick to link to the slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat)

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