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Date: 04-23-1998

Case Style: Robert L. Graves, Jr., et al. v. R.M. Packer Company, Inc.

Case Number: 97-P-597

Judge: Vieri Volterra

Court: Superior Court Department, Dukes County, Massachusetts

Plaintiff's Attorney: Wayne S. Henderson, Boston, Massachusetts

Defendant's Attorney: Barry A. Bachrach and Vincent F. O'Rourke, Jr., Worchester, Massachusetts

Description: Oil and Hazardous Material Release Prevention and Response Act, unfair and deceptive trade practices statute, breach of contract, negligence and nuisance claims by purchasers of underground gasoline storage tanks. Defendant counterclaimed for breach of contract for failure to pay for gasoline station products sold to plaintiffs. After the plaintiffs discovered underground contamination at their gasoline station on Martha's Vineyard Island, they commenced an action against defendant, the former owner of the station's underground tanks.

Outcome: Special verdict in favor of the plaintiffs assigning 88% of the responsibility to defendant on plaintiffs claims in the amount of $300,000 and for defendant on its counterclaim in the amount of $20,945.00. The court doubled the award to plaintiff's after deducting the award to defendant on its counterclam based upon a finding that defendant had engaged in an unfair and deceptive trade practice.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed as modified by the Appeals Court of Massachusetts. See: 702 N.E.2d 21 (Mass.App.Ct. 1997).



 
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