Richard E. Gentilli and Jonathan M. Hixon obtained a jury verdict of $1.59 million in the superior court on behalf of their client, a Boston supermarket, against its landlord for constructive eviction and breach of the parties’ lease agreement.
The jury, after deliberating for ten hours following an eight-day trial in Suffolk Superior Court, found that the landlord’s failure to conduct structural repairs to the warehouse building being leased by the supermarket resulted in a constructive eviction from the building. The jury also found that the landlord’s conduct violated the implied covenant of good faith and fair dealing contained in every contract.
The jury awarded our client $795,000 for lost profits, and $2,250 per month until the landlord performed the structural repairs. Following trial, the judge awarded the supermarket double damages and attorney’s fees under M.G.L. c. 93A for the landlord’s unfair trade practices, and ordered the landlord to perform the structural repairs.
Mr. Gentilli, a partner at the firm, has successfully tried numerous cases in over four decades of trial experience in state and federal courts. Mr. Hixon concentrates his trial court practice on complex civil matters, including business disputes and personal injury matters.