Defense Verdict: Firm Prevails in Trial Over Commercial Property Eviction

Medway Auto Sales v. McMullin

Norfolk Superior Court

1582CV00900

In this case, our office secured the dismissal of all claims against our client, a commercial landlord in Medway that had been sued by its former tenant for breach of contract, wrongful eviction, conversion of property and violation of the Massachusetts Consumer Protection Statute (Mass. Gen. Laws c. 93A). Final judgment was entered in our client’s favor following a three-day jury trial held in Norfolk Superior Court at which the former tenant requested damages of approximately $300,000.00. The jury found our client not liable for two of the three claims that it considered, and awarded the tenant zero damages on the third. In a separate written decision, the judge presiding over the case found our client not liable for violation of c. 93A, a claim which would have entitled the tenant to his reasonable attorney’s fees plus three times (3X) any damages awarded. The tenant’s post-trial motion was denied.