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FLETCHER v. LITTLETON

No. 05-P-1194.

68 Mass. App. Ct. 22 (2007)

FRANCINE M. FLETCHER & others v. STEPHEN F. LITTLETON.

Appeals Court of Massachusetts, Plymouth.

January 4, 2007.

Attorney(s) appearing for the Case

Sara J. Trezise (Michael R. Rezendes with her) for the plaintiffs.

Michael R. Byrne (Michael J. Mazurczak with him) for the defendant.

Patrick T. Jones, J. Michael Conley, & Benjamin R. Zimmermann, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: Perretta, Trainor, & Katzmann, JJ.

TRAINOR, J.

A fire in a house owned by the defendant, Stephen F. Littleton, resulted in the death of three of the plaintiffs' children and injury to two others. The plaintiffs sued the defendant for, among other theories, a breach of the implied warranty of habitability, alleging that the fire was caused by the defendant's failure to keep the wiring in the house in compliance with the applicable codes. Specifically...

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