Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Scott v. Garfield, 454 Mass. 790 (2009)

Citation
Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document
Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-09-15

Other Sections in This Document (57)

Full Text

831 chars
The jury returned special verdicts in favor of Scott, on his claims of negligence and breach of the implied warranty of habitability, in favor of Pamela Scott, on her claim for loss of consortium, and in favor of the Garfields on their comparative negligence defense, finding that Scott had been twenty per cent comparatively negligent. Mass. R. Civ. P. 49 (a), 365 Mass. 812 (1974). Because judgment entered for Scott on his claim of breach of the implied warranty of habitability (rather than his claim for negligence), he recovered $450,000, the full amount of damages found by the jury with no reduction for the jury’s finding of comparative negligence. Pamela Scott recovered damages in the amount of $4,000 on her loss of consortium claim. The defendants appealed, and we transferred the case to this court on our own motion.