From The Verdict Reporter: MA, CT, RI

Restaurant Found Primarily Liable to Patron Injured in Fight

Robert A. Chiulli, Jr. was involved in a fight outside of Sonsie, a restaurant owned by Newbury Fine Dining, Inc. Chiulli was punched in the face by Garrett Burgess a/k/a Garrett Rease. The incident occurred after Chiulli's group of friends and Rease's group of friends had engaged in verbal altercations inside the restaurant. Chiulli asserted that an attack on him was planned at Sonsie, with constructive or actual notice to the restaurant's employees. Chiulli maintained that applicable security regulations and a reasonable standard of care required employees to ensure that the potential attackers were removed from the premises and out of the area prior to Chiulli's group leaving the premises. A federal jury returned a $4.4M verdict in the case. The jury assigned 45% liability to the restaurant owner, 45% liability to the restaurant's risk management company, 5% liability to Chiulli's attacker and 5% liability to Chiulli.

Chiulli v. Newbury Fine Dining
U.S. District Court, District of Massachusetts

Real Estate Firm Liable for Chapter 93A Violations

Jennifer and Azedine Osmani owned residential property in Lynn. They wanted to rent the house to tenants, but had a negative experience in the past. In order to find reliable tenants, they hired Top Real Estate and Development, Inc., and its president, Carol Fumicello. The defendants promised to perform credit checks, verification of employment and investigation into prior landlord/tenant history. They presented tenants to the Osmanis and represented that the tenants had been appropriately screened and would be responsible tenants. However, the tenants trashed the property, resulting in the need for $30,000 in repairs, which were performed by Azedine Osmani. It was later learned that the tenants had a history of destroying rental property, and had a less-than-desirable credit history. The Osmanis sought damages from the defendants for Chapter 93A violations. They were awarded $266,000, which included double damages, interest and attorney's fees.

VIEW THE FULL CASE Osmani v. Top Real Estate
Essex County

Injured Motorist and Husband Awarded Damages in Auto Accident Case

Lucia Ferron was driving her vehicle. She was struck by a vehicle driven by Lois Racine, as Racine was exiting a driveway. This was a moderate speed impact, which Ferron said resulted in new soft tissue cervical injuries, as well as aggravation of pre-existing degenerative disc disease. Ferron argued that she had few complaints of pain and little treatment for her neck or degenerative disc disease prior to this accident. Her husband sought damages for loss of consortium. Racine admitted liability and acknowledged that Ferron may have sustained a minor soft tissue injury to her neck. However, Racine contended that the injury should have resolved quickly. Racine also argued that Ferron underwent sporadic treatment and her ongoing complaints were related to her pre-existing degenerative condition, which was not aggravated by this accident. A Worcester County jury returned a $35,000 verdict, which included $10,000 for loss of consortium to Ferron's husband.

VIEW THE FULL CASE Ferron v. Racine
Worcester County