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R.L. CURRIE CORP. v. EAST COAST SAND AND GRAVEL, INC.

No. 17-P-1186.

93 Mass. App. Ct. 782 (2018)

R.L. CURRIE CORP. v. EAST COAST SAND AND GRAVEL, INC.

Appeals Court of Massachusetts, Essex.

August 21, 2018.

Attorney(s) appearing for the Case

Jordan L. Shapiro ( Eric L. Shwartz also present) for the plaintiff.

William J. Fidurko for the defendant.

Present: WOLOHOJIAN, MILKEY, & WENDLANDT, JJ.

This case presents the issue whether the defendant (having left heavy-duty equipment unlocked, unattended, and running idle with keys in the ignition on a lot shared with the plaintiff) has a duty of care to the plaintiff whose property was damaged by an unauthorized third-party user of the equipment. Concluding that the unauthorized...

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