Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)

Citation: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Parent Document: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-01-15
Original Source: https://www.courtlistener.com/opinion/8351304/azar-v-quinn/ ↗

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This Court finds that the only actual damages sustained by the plaintiffs that were proximately caused by Cohen and Camiel were those funds expended by the plaintiffs through September 1, 1987 in anticipation of opening the Ritz specifically at the Premises. This Court further finds that funds spent through September 1, 1987 on items that were not location dependent, such as merchandise, are not damages proximately caused by Cohen and Camiel. On September 1, 1987 the plaintiffs were informed that Pleasures had been sold and the plaintiffs were then aware that they had not yet received a written sublease for a term of years. The funds expended through September 1,1987 to renovate the Space were expended in reliance upon Cohen’s and Camiel’s tor-tious misrepresentations. If the plaintiffs had abandoned their business venture completely on September 1, 1987, instead of pressing on as they did, they might have been able to claim further damages against Cohen and Camiel. As it stands, however, the plaintiffs have not established by a preponderance of the evidence that any losses incurred after September 1, 1987 were proximately caused by Cohen or Camiel rather than by other factors such as general business conditions or the plaintiffs’ own business aptitude. Furthermore, any losses on funds expended through September 1, 1987 for items that were not site specific to opening the Ritz at the Premises are not damages proximately caused by Cohen or Camiel given that the plaintiffs in fact operated their business for approximately one year after September 1, 1987. Thus, on Count III: Deceit, this Court finds that Cohen and Camiel, as joint tortfeasors, are jointly and severally liable to the plaintiffs in the amount of $1,745.88. See International Fidelity Ins. Co. v. Wilson, 387 Mass. 841, 844 (1983) (joint and several liability imposed upon joint tortfeasors).

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