Chapter 93A Claims Separate from Wrongful Death
September 2013, Claims and Litigation Management Alliance
In Klairmont v. Gansboro Restaurant Inc., the plaintiffs were the parents of a restaurant patron who suffered a fatal head injury after falling down a staircase at the defendants’ restaurant. The stairway was in violation of the Massachusetts building code for nearly 20 years. The plaintiffs asserted claims for wrongful death and violation of Mass. Gen. Laws c. 93A. The jury found that the defendants were negligent but that the negligence was not a substantial factor in causing the decedent’s death, thus returning a verdict for the defendants. The trial judge reserved the 93A claim for decision by the court and found the defendants liable due to their willful and prolonged building code violations.
On appeal, the Supreme Judicial Court ruled that the judge could disregard the jury’s findings with respect to 93A. Significantly, the court also ruled that 93A claims are substantively akin to types of torts within the scope of the Massachusetts survival statute, allowing the plaintiffs to prevail on their 93A claim as separate from their wrongful-death claim.—From Massachusetts State Co-Chair James Campbell
