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DILAVERIS v. W.T. RICH COMPANY, INC.

424 Mass. 9 (1996)

ANGELOS DILAVERIS & others v. W.T. RICH COMPANY, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

December 12, 1996.

Attorney(s) appearing for the Case

Leonard F. Zandrow, Jr. (John W. Brister with him) for the plaintiffs.

Alice Olsen Mann for the defendant.

Kathleen O'Donnell, John J. St. Andre, Jr., David White-Lief, & Kimberley E. Winter for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

ABRAMS, J.

After a jury trial in the Superior Court and the trial judge's denial of several posttrial motions, the parties cross appealed. The Appeals Court determined that the defendant, W.T. Rich Company (Rich), the general contractor, did not have a sufficient right of control over the work so as to create a duty of care toward Angelos Dilaveris (plaintiff). The Appeals Court concluded that the judge erred in denying the...

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