133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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[16] In view of our
determination that the award of actual damages for the violation of c. 93A
cannot stand, the award of multiple damages likewise cannot stand, and we need
not address 133 West Main's claim of insufficient evidence that the violation
was willful and knowing.  See Leardi v.
Brown, 394 Mass. 151, 163 (1985), abrogated in part by Tyler, 464 Mass. at
501-503 ("Because the Legislature has determined that an award of $25
suffices as nominal damages, it would be incongruous and inconsistent with that
determination to infer that in any circumstances the Legislature intended that
the nominal sum should be multiplied"). 
See also Lord v. Commercial Union Ins. Co., 60 Mass. App. Ct. 309, 313
n.6 (2004), citing Leardi, supra at 162-163 ("The judge originally awarded
$50 in damages, doubling the statutory minimum of $25 because she found that
the defendant's violation was 'knowing.' 
On the defendant's motion for partial reconsideration on the ground that
the statutory damages were not subject to multiplication, the judge reduced the
award to $25").

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