KILGORE v. R.J. GROSSO ENTERPRISES, INC.


1987 Mass. App. Div. 51 (1987)

Erwin T. Kilgore and another vs. R.J. Grosso Enterprises, Inc. vs. Season-All Industries, Inc.

Massachusetts Appellate Division, Western District.

March 26, 1987.


Attorney(s) appearing for the Case

Thomas T. Merrigan for the plaintiff.

Patricia M. Dunbar for the defendant/third party plaintiff.

Charles K. Bergin for the third party defendant.

Present: Lenhoff, Turcotte & Larkin, JJ.


Larkin, J.

This case raises questions concerning the correctness of a trial judge's action in holding a third party defendant legally responsible for damages (including punitive damages awarded pursuant to M.G.L.c. 93A), in a trial context, where the third party plaintiff (original defendant) neither alleged a claim for punitive damages nor asserted claims of a "willful violation" against the third party defendant until the close of the trial in the direct action...

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