HARRY STOLLER AND CO., INC. V. CITY OF LOWELL 587 N.E.2d 780 (1992) CASE BRIEF

HARRY STOLLER AND CO., INC. V. CITY OF LOWELL

587 N.E.2d 780 (1992)

NATURE OF THE CASE: Stoller (P) filed an action against City (D) based upon the alleged negligence of D's firefighters in fighting fires in P's buildings. The Superior Court entered a judgment notwithstanding the verdict, finding D was exempt from liability under the discretionary function exception. P appealed.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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