Preview
&-FILE
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS WORCESTER SUPERIOR COURT
CANO BBCDID B
MARIE D’AUTEUIL
'
Plaintiffs
FILED
v '
MASSACHUSETTS ELECTRIC COMPANY
D/B/A NATIONAL GRID SEP 16 2021
Defendant
om Al HL, CLERK
COMPLAINT AND JURY CLAIM
PARTIES
Plaintiff Marie D’ Auteuil (“Marie” , as prior combined 100% owners of 13 Hope Avenue
Junction, LLC a3 Hope”), a Massachusetts Limited Liability Company.
Defendant Massachusetts Electric Company d/b/a National Grid (“National Grid”) is a
corporation with a business address of 40 Sylvan Road, Waltham, Massachusetts.
GENERAL ALLEGATIONS
'
At all times releyant, Ron D’Auteuil (“Ron”) was the manager of the 13 Hope and the
-
‘
property.
Atall times relevant, 13 Hope owned the property located at 13 Hope Avenue,
Worcester, Massachusetts (“property” or “premises”.
At all times relevant, Scottsdale Insurance Company provided insurance to the 13 Hope
'
Avenue property and building.
At all times relevant, National Grid was responsible for and had a duty to provide
electricity to the. property.
1
At all times relevant, National Grid owned, controlled, and had a duty to inspect,
maintain, repair and/or replace the transformers and associated wiring that Provided
electrical power to the subject property.
On or about Jamiary 8, 2020, a National Grid transformer failed resulting in a complete
loss of electricity to the property.
On or about January 8, 2020, Ron was informed by an employee of 13 Hope that the
lights had started to flicker and shortly thereafter the property lost all electrical power.
10. On January 8, 2620, Ron immediately notified National Grid of the loss of electricity and
power.
It On January 9, 2020, National Grid advised and represented, through its agent Pedro
Cardoso (an employee of National Grid), to Ron that it would place 13 Hope Avenue on
its emergency repair list to restore power and that power would be restored to the *
property shortly, At this time, Ron expressed concerns to National Grid about the wet fire
suppression system’s integrity in the seasonably cold weather for January.
12. On January 10, 2020, National Grid again advised and represented to 13 Hope Avenue
that it placed 13 Hope Avenue on its emergency repair list to restore power and further
advised and represented to [3 Hope Avenue that National Grid would provide a generator
to supply temporary electricity to the building.
13 From January 10. 2020 to January 22, 2020, National Grid failed to repair the transformer
or otherwise restore electrical service to the property.
14, From January 10, 2020 to January 22, 2020, National Grid failed to provide a generator
‘
or provide temporary electrical power to the building.
15. From January 10, 2020 to January 22, 2020, National Grid ignored 13 Hope’s repeated
requests to restore electrical power to the building and failed to attend scheduled
appointments to begin work notwithstanding that National Grid knew or should have
known that the building was unheated due to the lack of electricity.
16 On January 17, 2020, National Grid advised and represented to 13 Hope Avenue that it
would begin work on January 2 1, 2020.
17 National Grid did not show up at the property and failed to start work on January 21,
2020 despite its representation that it would do so.
18 On January 22, 2020, Ron called Pedro Cardoso, whom was represented by National Grid
to be their employee assigned to manage the restoration of power to the property.
19, On January 22, 2020, Ron contacted National Grid regarding the status of restoring
power to the property. Ron was informed that Pedro Cardoso was on vacation, that no
work order was ever submitted, and National Grid could not confirm that 13 Hope
Avenue was on emergency status.
1
20 On January 23, 2020, the property’s sprinkler system froze and ruptured causing water
damage to the property.
21 The failed transformer and lack of electricity, ruptured sprinkler system, water loss, and
resulting damages to the premises resulted from the acts, misrepresentations, and
omissions of the Defendant.
22. As a result of the damage and National Grids misrepresentations, Marie has lost the entire
business venture of 13 Hope Avenue and ownership of the property, estimating the total
loss to be approximately $900,000, comprising attorney’s fees for defending against
vendors whose inventory was damaged, inventories and equipment owned by 13 Hope
that were damaged/destroyed, total loss of the property (and thus the inability to sell it for
proceeds), and regular income of the business as a going concern that, if not for National
Grids actions and misrepresentations, would likely still be a going concern.
23 On January 8, 2020, National Grid removed, destroyed, and failed to preserve and retain
evidence, including the failed transformers and associated wiring,
24 Removal of the of the failed transformers on the property was completed within 12 hours
of National Grid being informed of the power failure.
COUNT!
(NEGLIGENCE AGAINST NATIONAL GRID)
1
25. Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in
paragraphs 124, as if expressly re-written and set forth herein.
26 The ruptured sprinkler and resulting damages were a direct and proximate result of the
negligence and breaches of duties owed by the Defendant, its agents, servants, or
employees, including but not limited to the following acts or omissions:
a failing to properly inspect, maintain, repair, test and/or replace the
transformer(s);
failing to respond to 13 Hope’s notice of complaints of electrical issues
prior to the date of loss;
failing to restore power to the building within a reasonable time;
failing to provide a generator or other means of temporary power to the
building notwithstanding that it knew or should have known that the loss
of electricity left the building unheated and vulnerable specifically
because of the wet fire suppression system;
misrepresenting that it would begin repairs and/or restore power to the
building on specific days prior to the loss;
removing and destroying the transformers prior to restoring electricity to
the building; and
& failing to immediately and properly respond to the loss of electricity after
being notified.
27. Plaintiff has incurred costs and suffered damages as a direct and proximate result of the
Defendant’s negligent acts and omissions.
COUNT IL
(NEGLIGENT MISPRESPRESENTATION AGAINST NATIONAL GRID)
28 Plaintiff repeats,,re-alleges and incorporates by reference the allegations set forth in
paragraphs 1-27, as if expressly re-written and set forth herein.
'
29 The Defendant rhade false statements of material fact that induced the Plaintiff to act and
rely on the false statement, without a reasonable basis for believing it to be true when:
30 On January 10, 2020, when Defendant represented that it placed 13 Hope Avenue on its
emergency repait list to restore power and further advised and represented to 13 Hope
Avenue that National Grid would provide a generator to supply temporary electricity to
’
the building.
'
31 The Defendant scheduled at least two appointments, which they represented to the
Plaintiff was forithe purpose of beginning work at the property to restore power, between
January 16 and January 21, 2020 and failed to show up to begin work or provide a
generator to supply temporary electricity to the building.
1 COUNT IH
(SPOLIATION AGAINST NATIONAL GRID)
32 Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in
paragraphs 1-31, as if expressly re-written and set forth herein.
~
33. The Defendant destroyed evidence it was or should reasonably have been aware that the
'
evidence is relevant to a potential action by coming on to the property, taking the faulty
transformers from the property within 12 hours of the loss of power, and destroying the
transformers without preserving evidence, documenting in any way the state of the
transformers, and unfairly prejudicing the Plaintiff, who is now forced to proceed without
the benefit of that highly meaningful piece of evidence.
COUNT IV
(UNFAIR AND DECEPTIVE PRACTICES) )
't
34. Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in
paragraphs 1-33, as if expressly re-written and set forth herein.
35 The Defendant engaged in unfair and deceptive practices under M.G.L. 93A, §11 by:
4. failing to restore. power to the building within a reasonable time;
b fai ling to provide a generator or other means of temporary power to the
building notwithstanding that it knew or should have known that the loss
of electricity left the building unheated and vulnerable specifically
because of the wet fire suppression system;
misrepresenting that it would begin repairs and/or restore power to the
building on specific days prior to the loss;
rémoving and destroying the transformers prior to restoring electricity to
the building; and
failing to immediately and properly respond to the loss of electricity after
being notified.
36. As a direct and Broximate result of the Defendant’s unfair and deceptive practices, the
Plaintiff has suffered substantial economic harm.
DEMANDS FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
it
Enter a judgment against Defendant declaring that the Defendant is legally
and financially responsible for the damages the Plaintiff sustained or
incurred;
I Award the Plaintiff damages. interest and costs: and
On. Cirant such further reliefas the Court deems equitable.
just and proper.
JURY CLAIM
THE PLAINTI F HEREBY CLAIMS A TRIAL BY JURY ON ALL ISSUES so
TRIABLE.
Respectfully submitted.
=
M ARIE D'A UTEUIL
‘
h her attpyney
L Mex
mA. L inch. Jr. Esq.. B
Linch Legal, Inc.
116 Shawmut St. Floor 1
-
Chelsea, MA. 02150
617.819.4698
rob@linchicgal.com
Preview
&-FILE COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS WORCESTER SUPERIOR COURT CANO BBCDID B MARIE D’AUTEUIL ' Plaintiffs FILED v ' MASSACHUSETTS ELECTRIC COMPANY D/B/A NATIONAL GRID SEP 16 2021 Defendant om Al HL, CLERK COMPLAINT AND JURY CLAIM PARTIES Plaintiff Marie D’ Auteuil (“Marie” , as prior combined 100% owners of 13 Hope Avenue Junction, LLC a3 Hope”), a Massachusetts Limited Liability Company. Defendant Massachusetts Electric Company d/b/a National Grid (“National Grid”) is a corporation with a business address of 40 Sylvan Road, Waltham, Massachusetts. GENERAL ALLEGATIONS ' At all times releyant, Ron D’Auteuil (“Ron”) was the manager of the 13 Hope and the - ‘ property. Atall times relevant, 13 Hope owned the property located at 13 Hope Avenue, Worcester, Massachusetts (“property” or “premises”. At all times relevant, Scottsdale Insurance Company provided insurance to the 13 Hope ' Avenue property and building. At all times relevant, National Grid was responsible for and had a duty to provide electricity to the. property. 1 At all times relevant, National Grid owned, controlled, and had a duty to inspect, maintain, repair and/or replace the transformers and associated wiring that Provided electrical power to the subject property. On or about Jamiary 8, 2020, a National Grid transformer failed resulting in a complete loss of electricity to the property. On or about January 8, 2020, Ron was informed by an employee of 13 Hope that the lights had started to flicker and shortly thereafter the property lost all electrical power. 10. On January 8, 2620, Ron immediately notified National Grid of the loss of electricity and power. It On January 9, 2020, National Grid advised and represented, through its agent Pedro Cardoso (an employee of National Grid), to Ron that it would place 13 Hope Avenue on its emergency repair list to restore power and that power would be restored to the * property shortly, At this time, Ron expressed concerns to National Grid about the wet fire suppression system’s integrity in the seasonably cold weather for January. 12. On January 10, 2020, National Grid again advised and represented to 13 Hope Avenue that it placed 13 Hope Avenue on its emergency repair list to restore power and further advised and represented to [3 Hope Avenue that National Grid would provide a generator to supply temporary electricity to the building. 13 From January 10. 2020 to January 22, 2020, National Grid failed to repair the transformer or otherwise restore electrical service to the property. 14, From January 10, 2020 to January 22, 2020, National Grid failed to provide a generator ‘ or provide temporary electrical power to the building. 15. From January 10, 2020 to January 22, 2020, National Grid ignored 13 Hope’s repeated requests to restore electrical power to the building and failed to attend scheduled appointments to begin work notwithstanding that National Grid knew or should have known that the building was unheated due to the lack of electricity. 16 On January 17, 2020, National Grid advised and represented to 13 Hope Avenue that it would begin work on January 2 1, 2020. 17 National Grid did not show up at the property and failed to start work on January 21, 2020 despite its representation that it would do so. 18 On January 22, 2020, Ron called Pedro Cardoso, whom was represented by National Grid to be their employee assigned to manage the restoration of power to the property. 19, On January 22, 2020, Ron contacted National Grid regarding the status of restoring power to the property. Ron was informed that Pedro Cardoso was on vacation, that no work order was ever submitted, and National Grid could not confirm that 13 Hope Avenue was on emergency status. 1 20 On January 23, 2020, the property’s sprinkler system froze and ruptured causing water damage to the property. 21 The failed transformer and lack of electricity, ruptured sprinkler system, water loss, and resulting damages to the premises resulted from the acts, misrepresentations, and omissions of the Defendant. 22. As a result of the damage and National Grids misrepresentations, Marie has lost the entire business venture of 13 Hope Avenue and ownership of the property, estimating the total loss to be approximately $900,000, comprising attorney’s fees for defending against vendors whose inventory was damaged, inventories and equipment owned by 13 Hope that were damaged/destroyed, total loss of the property (and thus the inability to sell it for proceeds), and regular income of the business as a going concern that, if not for National Grids actions and misrepresentations, would likely still be a going concern. 23 On January 8, 2020, National Grid removed, destroyed, and failed to preserve and retain evidence, including the failed transformers and associated wiring, 24 Removal of the of the failed transformers on the property was completed within 12 hours of National Grid being informed of the power failure. COUNT! (NEGLIGENCE AGAINST NATIONAL GRID) 1 25. Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in paragraphs 124, as if expressly re-written and set forth herein. 26 The ruptured sprinkler and resulting damages were a direct and proximate result of the negligence and breaches of duties owed by the Defendant, its agents, servants, or employees, including but not limited to the following acts or omissions: a failing to properly inspect, maintain, repair, test and/or replace the transformer(s); failing to respond to 13 Hope’s notice of complaints of electrical issues prior to the date of loss; failing to restore power to the building within a reasonable time; failing to provide a generator or other means of temporary power to the building notwithstanding that it knew or should have known that the loss of electricity left the building unheated and vulnerable specifically because of the wet fire suppression system; misrepresenting that it would begin repairs and/or restore power to the building on specific days prior to the loss; removing and destroying the transformers prior to restoring electricity to the building; and & failing to immediately and properly respond to the loss of electricity after being notified. 27. Plaintiff has incurred costs and suffered damages as a direct and proximate result of the Defendant’s negligent acts and omissions. COUNT IL (NEGLIGENT MISPRESPRESENTATION AGAINST NATIONAL GRID) 28 Plaintiff repeats,,re-alleges and incorporates by reference the allegations set forth in paragraphs 1-27, as if expressly re-written and set forth herein. ' 29 The Defendant rhade false statements of material fact that induced the Plaintiff to act and rely on the false statement, without a reasonable basis for believing it to be true when: 30 On January 10, 2020, when Defendant represented that it placed 13 Hope Avenue on its emergency repait list to restore power and further advised and represented to 13 Hope Avenue that National Grid would provide a generator to supply temporary electricity to ’ the building. ' 31 The Defendant scheduled at least two appointments, which they represented to the Plaintiff was forithe purpose of beginning work at the property to restore power, between January 16 and January 21, 2020 and failed to show up to begin work or provide a generator to supply temporary electricity to the building. 1 COUNT IH (SPOLIATION AGAINST NATIONAL GRID) 32 Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in paragraphs 1-31, as if expressly re-written and set forth herein. ~ 33. The Defendant destroyed evidence it was or should reasonably have been aware that the ' evidence is relevant to a potential action by coming on to the property, taking the faulty transformers from the property within 12 hours of the loss of power, and destroying the transformers without preserving evidence, documenting in any way the state of the transformers, and unfairly prejudicing the Plaintiff, who is now forced to proceed without the benefit of that highly meaningful piece of evidence. COUNT IV (UNFAIR AND DECEPTIVE PRACTICES) ) 't 34. Plaintiff repeats, re-alleges and incorporates by reference the allegations set forth in paragraphs 1-33, as if expressly re-written and set forth herein. 35 The Defendant engaged in unfair and deceptive practices under M.G.L. 93A, §11 by: 4. failing to restore. power to the building within a reasonable time; b fai ling to provide a generator or other means of temporary power to the building notwithstanding that it knew or should have known that the loss of electricity left the building unheated and vulnerable specifically because of the wet fire suppression system; misrepresenting that it would begin repairs and/or restore power to the building on specific days prior to the loss; rémoving and destroying the transformers prior to restoring electricity to the building; and failing to immediately and properly respond to the loss of electricity after being notified. 36. As a direct and Broximate result of the Defendant’s unfair and deceptive practices, the Plaintiff has suffered substantial economic harm. DEMANDS FOR RELIEF WHEREFORE, Plaintiff respectfully requests that the Court: it Enter a judgment against Defendant declaring that the Defendant is legally and financially responsible for the damages the Plaintiff sustained or incurred; I Award the Plaintiff damages. interest and costs: and On. Cirant such further reliefas the Court deems equitable. just and proper. JURY CLAIM THE PLAINTI F HEREBY CLAIMS A TRIAL BY JURY ON ALL ISSUES so TRIABLE. Respectfully submitted. = M ARIE D'A UTEUIL ‘ h her attpyney L Mex mA. L inch. Jr. Esq.. B Linch Legal, Inc. 116 Shawmut St. Floor 1 - Chelsea, MA. 02150 617.819.4698 rob@linchicgal.com