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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)

Citation
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Parent Document
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Jurisdiction
Massachusetts (state)
Effective Date
2006-02-10

Other Sections in This Document (73)

Full Text

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Neither George P. Williams, who was formerly employed by Williamsburg, nor his father, Williams, has a clear memory of who installed the electrical service for the build-out. Although he had no paperwork relating to the build-out, Williams testified that he believed that Alibrandi was responsible for the installation. Alibrandi, however, expressed no uncertainly about the issue. She was adamant that, although she pointed out to Williams where the outlets and lights should be located, Williams-burg and not her or The Face Place was solely responsible for installation of the electrical service. Alibrandi testified that her only responsibility during construction of the build-out was some finish work, painting and decorating; that her son installed shelving and cubicles in the break room and assisted with the painting; and that she did not retain independent contractors to perform any construction work, including installation of electrical service or any other installation work. Alibrandi’s testimony was supported at trial by the testimony of Susan Stella, a fourteen-year employee of The Face Place, that Williamsburg was responsible for installing the electrical service. Alibrandi’s testimony was further supported by the testimony of Christopher Gallo (“Gallo”), an electrician who has done work for Williamsburg in the past and whom Williamsburg hired to correct electrical code violations found at the Mall after the fire. Gallo testified that other fluorescent light fixtures installed in common areas of the Mall under the control of Williamsburg exhibited the same type of installation as the fluorescent light fixture in the break room. The court finds the testimony of Alibrandi to be credible and that Williams-burg, and not Alibrandi and/or The Face Place, was responsible for the negligent installation of the fluorescent lighting fixture in the break room.3 The commercial tenants, however, failed to establish that Williams was acting in his individual capacity rather than through Williamsburg regarding the build-out. As such, the court does not find Williams personally liable for the negligence.4 C. STATUTE OF REPOSE