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KASSIS v. LEASE AND RENTAL MANAGEMENT CORPORATION

No. 10-P-130.

79 Mass. App. Ct. 784 (2011)

GUS KASSIS, administrator, v. LEASE AND RENTAL MANAGEMENT CORPORATION & another.

Appeals Court of Massachusetts, Essex.

July 14, 2011.

Attorney(s) appearing for the Case

Albert L. Farrah, Jr. , for the plaintiff.

John P. Knight ( Robert A. Hurstak with him) for Lease and Rental Management Corporation.

Present: RAPOZA, C.J., TRAINOR, & WOLOHOJIAN, JJ.

WOLOHOJIAN, J.

At issue in this appeal is whether a long-term lessor of a vehicle owes a duty of care to a person who is injured as a result of a mechanical defect arising after the beginning of the lease. We conclude that, under the law of bailment, no such duty exists. Accordingly, we affirm the trial judge's allowance of the defendant's motion for a new trial, as well as the judgment entered in the second trial.

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