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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss fa AUG 6 -ANITE SY CAMBRIDGE DISTRICT COURT.
(OF THE COURTS C. “ NO. c05A CV03 99
COUNTY
COMMERCE INSURANCE COMPANY J
a/s/o MARIE-DOLORES SOLANO
Plaintiff i
Vv.
MIT 22 MAGAZINE STREET
LEASEHOLD, LLC,
MIT 22 MAGAZINE STREET FEE
CWNER, LLC, and
JONES LANG LASALLE
NEW ENGLAND, LLC
Defendants
COMPLAINT AND JURY TRIAL DEMAND
Sie
The Plaintiff, Commerce Insurance Company, as subrogee of -Dolores
Solano, through its attorneys, hereby alleges as foll REC!
cl payee
PARTIES pw
Ww
1 At all times material hereto, the Plainti:
yet DEP ince
oe CLES
Company (hereinafter “Commerce”) is a is a duly organ! corporation authorized to
conduct the business of writing of homeowners insurance coverage within the
Commonwealth of Massachusetts with a principal place of business at 11 Gore Road,
Webster, MA.
2 At all times material hereto, subrogor, Marie-Dolores Solano (hereinafter
“Solano””) is the owner of record of the condominium unit located at 174 Auburn Street,
No. 3 Cambridge, Massachusetts (hereinafter “the Condominium Unit”), which is the
subject of this lawsuit.
3 The Condominium Unit is located within Washington Allston
Condominium Trust, the owner of record of the property located at 172-174 Auburn
Street, Cambridge (hereinafter “the Subject Property”),
4. The Defendant, MIT 22 Magazine Street Leasehold, LLC (“MIT
Leasehold”), is a domestic corporation organized under the laws of the Commonwealth
of Massachusetts, which was and is in the business of property management within the
Commonwealth of Massachusetts, whose principal place of business is located at One
Broadway, 9t Floor, Suite 200, Cambridge, Massachusetts.
5: The Defendant, MIT 22 Magazine Street Fee Owner, LLC (“MIT Fee
Owner”) is a domestic corporation organized under the laws of the Commonwealth of
Massachusetts, which was and is in the business of property management within the
Commonwealth of Massachusetts, whose principal place of business is located at One
Broadway, 9th Floor, Suite 200, Cambridge, Massachusetts.
6. The Defendant, Jones Lang LaSalle New England, LLC, (“JLL New
England”), is a foreign corporation organized under the laws of the Delaware, which was
and is in the business of property management throughout the United States and within
the Commonwealth of Massachusetts, whose principal place of business is located at
One Post Office Square, Boston, Massachusetts.
ALLEGATIONS OF FACT
7: At all times material hereto, the Defendants, MIT Leasehold and/or MIT
Fee Owner owned the property located at 22-24 Magazine Street, Cambridge,
Massachusetts (hereinafter “the Magazine Street Property”).
8 At all times material hereto, the Defendant, JLL New England managed
the Magazine Street Property.
9 At all times material hereto, the Condominium Unit was located within the
Subject Property which abutted the Magazine Street Property.
10. On or about November 30, 2017, a fire ignited at the Magazine Street
Property as the result of the careless disposal of smoking materials by a tenant of the
Magazine Street Property.
il. The November 30, 2017 fire which originated at the Magazine Street
Property spread to the Subject Property and Condominium Unit, causing extensive
damage to and destruction of the contents of the Condominium Unit.
12 At the time of the November 30, 2017 fire, Commerce had issued to Solano
a homeowner's policy of insurance, policy number T60954 which provided coverage for
contents in the Condominium Unit.
13. Therefore, in accordance with the terms and conditions of the insurance
policy, Commerce indemnified Solano for the damages she sustained due to the damage
to and destruction of the contents in the Condominium Unit.
14. Asaresult, Commerce is now legally subrogated to the recovery of the
claim payments from the Defendants, MIT 22 Magazine Street Leasehold, LLC, MIT 22
Magazine Street Fee Owner, LLC, and Jones Lang LaSalle New England, LLC.
COUNT I — NEGLIGENCE
MIT 22 MAGAZINE STREET LEASEHOLD, LLC
15 The Plaintiff re-alleges and incorporates herein by reference each and
every allegation set forth in paragraphs one (1) through fourteen (14) as set if forth
herein in their entirety.
16. The Defendant, MIT 22 Magazine Street Leasehold, LLC, knew or
should have known that tenants were routinely smoking at the Magazine Street
Property in violation of policies prohibiting smoking at the Magazine Street
Property.
17. The Defendant, MIT Leasehold, negligently failed to enforce the
prohibition of smoking at the Magazine Street Property.
18. As a result of the Defendant, MIT 22’s negligence, fire ignited at the
Magazine Street Property and spread to the Subject Property and Condominium
Unit, causing fire, soot and water damage to the contents within the
Condominium Unit, which, as a result, was the direct and proximate cause of the
Plaintiffs damages as set forth herein
COUNT II — NEGLIGENCE
MIT 22 MAGAZINE STREET FEE OWNER, LLC
19. The Plaintiff re-alleges and incorporates herein by reference each and
every allegation set forth in paragraphs one (1) through eighteen (18) as if set forth
herein in their entirety.
20. The Defendant, MIT 22 Magazine Street Fee Owner, LLC, knew or
should have known that tenants were routinely smoking at the Magazine Street
Property in violation of policies prohibiting smoking at the Magazine Street
Property.
21. The Defendant, MIT Fee Owner, negligently failed to enforce the
prohibition of smoking at the Magazine Street Property.
22, As a result of the Defendant, MIT Fee Owner’s negligence, fire ignited
at the Magazine Street Property and spread to the Subject Property and
Condominium Unit, causing fire, soot and water damage to the contents within
the Condominium Unit which, as a result, was the direct and proximate cause of the
Plaintiffs damages as set forth herein.
COUNT ITI — NEGLIGENCE
JONES LANG LASALLE NEW ENGLAND, LLC
23. The Plaintiff re-alleges and incorporates herein by reference each and
every allegation set forth in paragraphs one (1) through twenty two (22) as if set
forth herein in their entirety.
24. The Defendant, JLL New England, knew or should have known that
tenants were routinely smoking at the Magazine Street Property in violation of
policies prohibiting smoking at the Magazine Street Property.
25. The Defendant, JLL New England, negligently failed to enforce the
prohibition of smoking at the Magazine Street Property.
26. As a result of the Defendant, JLL New England’s negligence, fire
ignited at the Magazine Street Property and spread to the Subject Property and
Condominium Unit, causing fire, soot and water damage to the contents within
the Condominium Unit, which, as a result, was the direct and proximate cause of
the Plaintiff's damages as set forth herein.
COUNT IV — BREACH OF CONTRACT
JONES LANG LE NEW ENGLAND.
27. The Plaintiff re-alleges and incorporates herein by reference each and every
allegation set forth in paragraphs one (1) through twenty six (26) as if set forth herein in
their entirety.
28. The Defendant, JLL New England, had a contract with the Defendant,
MIT Leasehold and/or the Defendant, MIT Fee Owner, to manage the Magazine
Street Property in a safe manner.
29. As the owner of a Condominium Unit within the abutting Subject
Property and insurer of a Condominium Unit within the abutting subject property,
the Plaintiffs insured, Solano and the Plaintiff, Commerce, were third-party
beneficiaries to the contract between the Defendants to manage the Magazine Street
property in a safe manner.
30. The Defendant, JLL New England, breached its contract with the
Defendant, MIT Leasehold and/or the Defendant MIT Fee Owner, when it failed to
enforce the prohibition on smoking at the property thus failing to take the necessary
and proper measures to reduce the risk of fire as a result of smoking.
31. Asa result of the Defendant, JLL New England’s, breach of contract, a
fire ignited at the Magazine Street Property as a result of the careless disposal of
smoking materials which in turn ignited the Condominium Unit located within the
abutting Subject Property, and the Plaintiff was damaged as set forth herein.
WHEREFORE, the Plaintiff, Commerce Insurance Company, as subrogee of
Marie-Dolores Solano, requests the following relief:
1 Enter judgment against the Defendant, MIT 22 Magazine Street
Leasehold, LLC;
Enter judgment against the Defendant, MIT 22 Magazine Street Fee
Owner, LLC;
Enter judgment against the Defendant, Jones Lang LaSalle New England,
LLC;
Enter judgment against the Defendants, MIT 22 Magazine Street
Leasehold, MIT 22 Magazine Street Fee Owner, LLC, ard Jones Lang
LaSalle New England, LLC jointly and severally;
Award damages to Plaintiff Commerce Insurance Company, as subrogee
of Marie-Dolores Solano in the amount of $40,000.00 and such other and
further relief that this Honorable Court deems just and appropriate.
JURY TRIAL DEMAND
The plaintiff respectfully.requests a trial by Jury on-all issues pleaded or to
be pleaded.
Respectfully submitted,
Commerce Insurance Company a/s/o
Marie-Dolores Solano,
By its attorneys,
L720
acquiés N: Parenteau, BBO#559745
jp@nesubro.com
Diana D. O'Hara, BBO#642384
do@nesubro.com
John D. Currari, BBO#547069
je@nesubro.com
Parenteau & O'Hara, P.C.
1661 Worcester Road, Suite 204
Framingham, MA 01701
(508) 232-6267
Dut: October 30, 2020
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\c pee ~ COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss fa AUG 6 -ANITE SY CAMBRIDGE DISTRICT COURT. (OF THE COURTS C. “ NO. c05A CV03 99 COUNTY COMMERCE INSURANCE COMPANY J a/s/o MARIE-DOLORES SOLANO Plaintiff i Vv. MIT 22 MAGAZINE STREET LEASEHOLD, LLC, MIT 22 MAGAZINE STREET FEE CWNER, LLC, and JONES LANG LASALLE NEW ENGLAND, LLC Defendants COMPLAINT AND JURY TRIAL DEMAND Sie The Plaintiff, Commerce Insurance Company, as subrogee of -Dolores Solano, through its attorneys, hereby alleges as foll REC! cl payee PARTIES pw Ww 1 At all times material hereto, the Plainti: yet DEP ince oe CLES Company (hereinafter “Commerce”) is a is a duly organ! corporation authorized to conduct the business of writing of homeowners insurance coverage within the Commonwealth of Massachusetts with a principal place of business at 11 Gore Road, Webster, MA. 2 At all times material hereto, subrogor, Marie-Dolores Solano (hereinafter “Solano””) is the owner of record of the condominium unit located at 174 Auburn Street, No. 3 Cambridge, Massachusetts (hereinafter “the Condominium Unit”), which is the subject of this lawsuit. 3 The Condominium Unit is located within Washington Allston Condominium Trust, the owner of record of the property located at 172-174 Auburn Street, Cambridge (hereinafter “the Subject Property”), 4. The Defendant, MIT 22 Magazine Street Leasehold, LLC (“MIT Leasehold”), is a domestic corporation organized under the laws of the Commonwealth of Massachusetts, which was and is in the business of property management within the Commonwealth of Massachusetts, whose principal place of business is located at One Broadway, 9t Floor, Suite 200, Cambridge, Massachusetts. 5: The Defendant, MIT 22 Magazine Street Fee Owner, LLC (“MIT Fee Owner”) is a domestic corporation organized under the laws of the Commonwealth of Massachusetts, which was and is in the business of property management within the Commonwealth of Massachusetts, whose principal place of business is located at One Broadway, 9th Floor, Suite 200, Cambridge, Massachusetts. 6. The Defendant, Jones Lang LaSalle New England, LLC, (“JLL New England”), is a foreign corporation organized under the laws of the Delaware, which was and is in the business of property management throughout the United States and within the Commonwealth of Massachusetts, whose principal place of business is located at One Post Office Square, Boston, Massachusetts. ALLEGATIONS OF FACT 7: At all times material hereto, the Defendants, MIT Leasehold and/or MIT Fee Owner owned the property located at 22-24 Magazine Street, Cambridge, Massachusetts (hereinafter “the Magazine Street Property”). 8 At all times material hereto, the Defendant, JLL New England managed the Magazine Street Property. 9 At all times material hereto, the Condominium Unit was located within the Subject Property which abutted the Magazine Street Property. 10. On or about November 30, 2017, a fire ignited at the Magazine Street Property as the result of the careless disposal of smoking materials by a tenant of the Magazine Street Property. il. The November 30, 2017 fire which originated at the Magazine Street Property spread to the Subject Property and Condominium Unit, causing extensive damage to and destruction of the contents of the Condominium Unit. 12 At the time of the November 30, 2017 fire, Commerce had issued to Solano a homeowner's policy of insurance, policy number T60954 which provided coverage for contents in the Condominium Unit. 13. Therefore, in accordance with the terms and conditions of the insurance policy, Commerce indemnified Solano for the damages she sustained due to the damage to and destruction of the contents in the Condominium Unit. 14. Asaresult, Commerce is now legally subrogated to the recovery of the claim payments from the Defendants, MIT 22 Magazine Street Leasehold, LLC, MIT 22 Magazine Street Fee Owner, LLC, and Jones Lang LaSalle New England, LLC. COUNT I — NEGLIGENCE MIT 22 MAGAZINE STREET LEASEHOLD, LLC 15 The Plaintiff re-alleges and incorporates herein by reference each and every allegation set forth in paragraphs one (1) through fourteen (14) as set if forth herein in their entirety. 16. The Defendant, MIT 22 Magazine Street Leasehold, LLC, knew or should have known that tenants were routinely smoking at the Magazine Street Property in violation of policies prohibiting smoking at the Magazine Street Property. 17. The Defendant, MIT Leasehold, negligently failed to enforce the prohibition of smoking at the Magazine Street Property. 18. As a result of the Defendant, MIT 22’s negligence, fire ignited at the Magazine Street Property and spread to the Subject Property and Condominium Unit, causing fire, soot and water damage to the contents within the Condominium Unit, which, as a result, was the direct and proximate cause of the Plaintiffs damages as set forth herein COUNT II — NEGLIGENCE MIT 22 MAGAZINE STREET FEE OWNER, LLC 19. The Plaintiff re-alleges and incorporates herein by reference each and every allegation set forth in paragraphs one (1) through eighteen (18) as if set forth herein in their entirety. 20. The Defendant, MIT 22 Magazine Street Fee Owner, LLC, knew or should have known that tenants were routinely smoking at the Magazine Street Property in violation of policies prohibiting smoking at the Magazine Street Property. 21. The Defendant, MIT Fee Owner, negligently failed to enforce the prohibition of smoking at the Magazine Street Property. 22, As a result of the Defendant, MIT Fee Owner’s negligence, fire ignited at the Magazine Street Property and spread to the Subject Property and Condominium Unit, causing fire, soot and water damage to the contents within the Condominium Unit which, as a result, was the direct and proximate cause of the Plaintiffs damages as set forth herein. COUNT ITI — NEGLIGENCE JONES LANG LASALLE NEW ENGLAND, LLC 23. The Plaintiff re-alleges and incorporates herein by reference each and every allegation set forth in paragraphs one (1) through twenty two (22) as if set forth herein in their entirety. 24. The Defendant, JLL New England, knew or should have known that tenants were routinely smoking at the Magazine Street Property in violation of policies prohibiting smoking at the Magazine Street Property. 25. The Defendant, JLL New England, negligently failed to enforce the prohibition of smoking at the Magazine Street Property. 26. As a result of the Defendant, JLL New England’s negligence, fire ignited at the Magazine Street Property and spread to the Subject Property and Condominium Unit, causing fire, soot and water damage to the contents within the Condominium Unit, which, as a result, was the direct and proximate cause of the Plaintiff's damages as set forth herein. COUNT IV — BREACH OF CONTRACT JONES LANG LE NEW ENGLAND. 27. The Plaintiff re-alleges and incorporates herein by reference each and every allegation set forth in paragraphs one (1) through twenty six (26) as if set forth herein in their entirety. 28. The Defendant, JLL New England, had a contract with the Defendant, MIT Leasehold and/or the Defendant, MIT Fee Owner, to manage the Magazine Street Property in a safe manner. 29. As the owner of a Condominium Unit within the abutting Subject Property and insurer of a Condominium Unit within the abutting subject property, the Plaintiffs insured, Solano and the Plaintiff, Commerce, were third-party beneficiaries to the contract between the Defendants to manage the Magazine Street property in a safe manner. 30. The Defendant, JLL New England, breached its contract with the Defendant, MIT Leasehold and/or the Defendant MIT Fee Owner, when it failed to enforce the prohibition on smoking at the property thus failing to take the necessary and proper measures to reduce the risk of fire as a result of smoking. 31. Asa result of the Defendant, JLL New England’s, breach of contract, a fire ignited at the Magazine Street Property as a result of the careless disposal of smoking materials which in turn ignited the Condominium Unit located within the abutting Subject Property, and the Plaintiff was damaged as set forth herein. WHEREFORE, the Plaintiff, Commerce Insurance Company, as subrogee of Marie-Dolores Solano, requests the following relief: 1 Enter judgment against the Defendant, MIT 22 Magazine Street Leasehold, LLC; Enter judgment against the Defendant, MIT 22 Magazine Street Fee Owner, LLC; Enter judgment against the Defendant, Jones Lang LaSalle New England, LLC; Enter judgment against the Defendants, MIT 22 Magazine Street Leasehold, MIT 22 Magazine Street Fee Owner, LLC, ard Jones Lang LaSalle New England, LLC jointly and severally; Award damages to Plaintiff Commerce Insurance Company, as subrogee of Marie-Dolores Solano in the amount of $40,000.00 and such other and further relief that this Honorable Court deems just and appropriate. JURY TRIAL DEMAND The plaintiff respectfully.requests a trial by Jury on-all issues pleaded or to be pleaded. Respectfully submitted, Commerce Insurance Company a/s/o Marie-Dolores Solano, By its attorneys, L720 acquiés N: Parenteau, BBO#559745 jp@nesubro.com Diana D. O'Hara, BBO#642384 do@nesubro.com John D. Currari, BBO#547069 je@nesubro.com Parenteau & O'Hara, P.C. 1661 Worcester Road, Suite 204 Framingham, MA 01701 (508) 232-6267 Dut: October 30, 2020