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HUMPHREY v. BYRON

447 Mass. 322 (2006)

LENA A. HUMPHREY, administratrix, v. FLORENCE BYRON & others.

Supreme Judicial Court of Massachusetts, Plymouth.

July 21, 2006.

Attorney(s) appearing for the Case

Joseph C. Borsellino (Neil D. Schnurbach with him) for the plaintiff.

Thomas R. Murphy for the defendants.

The following submitted briefs for amici curiae:

Christopher A. Kenney & Edward S. Cheng for Massachusetts Defense Lawyers Association.

Andrew R. Grainger, Martin J. Newhouse, & Ben Robbins for New England Legal Foundation & another.

Patrick T. Jones & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

CORDY, J.

"In Young v. Garwacki, 380 Mass. 162 (1980), we held that, even in the absence of an express agreement to keep rented premises in repair, a lessor of residential premises had a duty to exercise reasonable care to assure that others legitimately on the leased premises were not subject to an unreasonable risk of harm. If such a lessor knew or should have known of a defect, the lessor would be liable for injuries...

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