Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)

Citation: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Parent Document: Fennelly v. Kimball Court Apartments Ltd. Partnership, 14 Mass. L. Rptr. 37 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-09-25
Original Source: https://www.courtlistener.com/opinion/8354506/fennelly-v-kimball-court-apartm... ↗

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Because the Unit was uninhabitable and dangerous after the fire, JRM changed the locks on the Unit for safety and security reasons. (Zorzonello Aff. 111.) Several days after the fire, Fennelly called Zorzonello to arrange a time to remove any salvageable belongings from the Unit. (Zorzonello Aff. 111.) Zorzonello told Fennelly that she would have to sign a release before the demolition workers could enter and begin work on the Unit. (Fennelly Dep. p. 124.) Zorzonello explained that the purpose of the document was to release the contents of the apartment so that the Unit could be gutted. (Fennelly Dep. p. 129.) Fennelly agreed to sign the release if Zorzonello would hold for her some items which she had not yet been able to retrieve, including a Stairmaster and a vacuum. (Fennelly Dep. p. 124, 129.) Zorzonello agreed, and on June 5, 2000, Fennelly executed a release (“the Release”) discharging JRM, its agents, officers, directors, employees, attorneys and assigns from all liability in law and equity “on account of the fire that occurred in the unit at 6 Kimball Court #14 Woburn, MA on or about May 30, 2000 at Kimball Court Apartments.” (Zorzonello Dep. p. 129; Def. Ex. B.) Fennelly executed the Release in front of Zorzonello and her sister, Debbie Fennelly. (Fennelly Dep. p. 134.) At the time she executed the Release, Fennelly was on Percocet for pain in her eye, which had been operated on several days earlier. (Fennelly Dep. p. 200.) She was wearing a patch over the injured eye, did not have her glasses, and did not read the Release prior to signing it. (Fennelly Dep. pp. 128, 200-01.) After Fennelly removed everything she wanted and the Unit was secured, demolition workers began gutting it. (Zorzonello Aff. 111.) Fennelly told Zorzonello several times that she wanted to return to the Unit after it was habitable, but he stated that it was not his decision. (Fennelly Aff. ¶7.)

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