| Docket # | SJC-11154 |
| Date | January 7, 2013 |
| Video | View oral argument with Windows Media Player |
| Justices | Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, Lenk, JJ.
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| 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 From | Suffolk Superior Court, Justice Elizabeth M. Fahey |
| Briefs | See 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 Curiae | Associated 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 |
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| Opinion | Click to link to the slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat) |
