REXFORD v. SEARS CORPORATION


1992 Mass. App. Div. 185 (1992)

Paul Rexford vs. Sears Corporation

Massachusetts Appellate Division, Southern District.

September 28, 1992.


Attorney(s) appearing for the Case

Frank L. Fragomeni, Jr., for the plaintiff.

Michael A. McOsker for the defendant.

Present: Dolan, P.J., Welsh & Kane, JJ.


Kane, J.

Plaintiff asks us to determine if the trial judge erred in finding that defendant, acting as a bailee for hire, exercised due care. The following facts guide our review.

Plaintiff took his truck to Sears for installation of a bedliner. Sears is located in the South Shore Plaza where plaintiff works. Plaintiff instructed Sears to call him when the work was done. Upon installing the bedliner, Sears, without calling, moved the truck from its enclosed...

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