GARWETH CORP. v. BOSTON EDISON CO.


415 Mass. 303 (1993)

613 N.E.2d 92

GARWETH CORPORATION vs. BOSTON EDISON COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 20, 1993.


Attorney(s) appearing for the Case

Evan Slavitt (Marcy Axelrad with him) for the plaintiff.

Francis J. Sally (Andrea Peraner-Sweet with him) for the defendant.

Present: LIACOS, C.J., LYNCH, O'CONNOR, & GREANEY, JJ.


LYNCH, J.

Garweth Corporation (Garweth) seeks to recover from Boston Edison Company (Edison) for damages allegedly caused by a 1987 fuel oil spill from one of Edison's tanks in the South Boston section of Boston. Garweth's complaint was based on common law claims of negligence, tort-based strict liability, and G.L.c. 21E (1990 ed.). A judge in the Superior Court granted summary judgment in favor of Edison on all three counts. Garweth appealed. We transferred

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