Harry Stoller And Co., Inc. v. City Of Lowell

587 N.E.2d 780 (1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P's five brick buildings were destroyed by fire. The fire started on the sixth floor, and a sprinkler system was in place and had been tested two days before. Firefighters in violation of accepted practice chose not to fight the fire with the sprinklers but instead decided that they would use hoses. All of P's buildings were destroyed along with their contents. P sued D, and the jury awarded $850,000. The trial judge granted judgment n.o.v. for D under the state's statutory discretionary immunity. P appealed.