Trinity Church v. John Hancock Mutual Life Insurance Co.,

502 N.E.2d 532 (Mass. 1987)

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Nature of the Case

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Facts

P sustained property damage during construction of the John Hancock Tower Building in Copley Square. P filed a complaint against John Hancock Mutual Life Insurance Company (D) and seventeen other defendants involved in the construction of the Hancock tower. At the close of evidence, the trial judge denied D's motion for a directed verdict but allowed the motions for directed verdicts raised by the seven other Ds. P got a jury verdict for $4,170,300, against D. P and D appealed. P's Church is constructed almost entirely of stone masonry. Stone masonry is heavy and very brittle compared to other construction materials; when placed under stress it does not deform, but it cracks. When stone masonry cracks, it characteristically breaks throughout its entire thickness, and its strength diminishes significantly. Ordinarily, it cannot be repaired except by disassembly, resetting, and reconstruction. The foundation of the church rests atop more than 4,500 pilings and four massive granite pyramids which support the church's main tower. During construction of the Hancock tower, the foundation of the church was undermined by a failure of the excavation system at the Hancock site. As work was being performed on the excavation system, the ground immediately surrounding the construction site moved inward toward the excavation. This caused the foundation of the church to settle unevenly, most dramatically on the south side closest to the tower site, and to migrate horizontally toward the Hancock tower excavation. This settlement produced a spray of cracks up through the masonry walls of the church which affected the structural integrity of the church. P asserted three separate damage claims related to the Hancock tower construction. P sought compensation for the cost of repairing the interior and the exterior areas of the church, as well as for the structural damages sustained. This appeal only involves the church's claim for structural damages.