Bishop v. TES Realty Trust
942 N.E.2d 173
Mass.2011Background
- Bishop, a tenant, leased a single-story building for a tanning salon from TES Realty Trust and Ulery (trustee).
- Bishop notified the landlord in June 2000 about a leaking roof and skylight cracks via certified letter to Ulery and Timlin.
- Repairs were only sporadically made, with limited work in September 2001 and no addressing of skylights.
- In May 2002, rain water leaked around a skylight, plaster fell into Bishop’s eye, causing a serious rotator cuff injury.
- Bishop sued for negligent repair by landlord; the trial judge granted a directed verdict that landlord had no duty to repair under common law or lease, and that § 19 did not apply to commercial leases.
- The court latter held § 19 applies to commercial landlords and remanded for new trial on statutory liability, vacating the directed verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether G. L. c. 186, § 19 applies to commercial landlords. | Bishop argues § 19 applies to all real estate landlords, including commercial. | Landlord argues § 19 does not apply to commercial leases because it targets residential duties. | Yes, § 19 applies to commercial landlords. |
| Whether the evidence showed proper notice, an unsafe condition, and proximate causation under § 19. | Bishop asserts notice of an unsafe skylight condition was given and breached. | Landlord contends no compensable safety duty arose under § 19 or that breach caused injury. | Evidence supported a § 19 breach and causation; directed verdict erroneous. |
Key Cases Cited
- Gelinas v. New England Power Co., 359 Mass. 119 (Mass. 1971) (directed verdict standard; evidence viewed in plaintiff's favor)
- Young v. Garwacki, 380 Mass. 162 (Mass. 1980) (residential landlord duty; not limited to commercial)
- Humphrey v. Byron, 447 Mass. 322 (Mass. 2006) (common-law duty for commercial landlords; § 19 applicability context)
- King v. G & M Realty Corp., 373 Mass. 658 (Mass. 1977) (common-area duty; control of premises)
- Lindsey v. Massios, 372 Mass. 79 (Mass. 1977) (extended landlord duty in certain contexts)