Originally published in Massachusetts Lawyers Weekly,
January 3, 2013
Eric Shor, an associate in the Litigation Department, published
"Chapter 93A case pits judge against jury verdict" in
Massachusetts Lawyers Weekly on January 3. The article
discusses the case of Klairmont v. Gainsboro Restaurant, Inc.
et al. (SJC-11154), which is scheduled for oral argument at
the Supreme Judicial Court (SJC) on January 7. The SJC granted an
application for direct appellate review to determine whether a
jury's finding that defendants' conduct did not cause an
injury binds the trial court when deciding a 93A claim based on the
same conduct.
In the case, Jacob Freeman, a Northeastern University student,
fell down a staircase at the Our House East Bar and restaurant in
Boston, and died shortly thereafter. A Suffolk County jury returned
a verdict for the defendants after a two week trial in 2010,
concluding that their conduct was not the cause of the
plaintiff's son's death. Super
