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SCOTT v. GARFIELD

454 Mass. 790 (2009)

CHARLES M. SCOTT & another v. STUART T. GARFIELD & another.

Supreme Judicial Court of Massachusetts, Essex.

September 15, 2009.

Attorney(s) appearing for the Case

Paul J. Gillespie (Kristen L. Morgan with him) for the defendants.

Thomas H. Hayman (Francis R. Powell with him) for the plaintiffs.

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

IRELAND, J.

We transferred this case from the Appeals Court to consider whether a lawful visitor may recover damages for personal injuries caused by a breach of the implied warranty of habitability. Charles M. Scott (Scott) suffered injuries while visiting an apartment leased by his friend from the defendants, Stuart and Ellen Garfield, when a railing on a second-floor porch gave way and he fell to the ground. Judgment entered for Scott on his claim of breach of the...

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