Barrett v. Lynn Ladder & Scaffolding Co.

This is an appeal by defendant W.W. Babcock Company, Inc. of the trial court’s denial of its late request for a G.L.c. 231, §102C retransfer of this case to the Superior Court.

The underlying action sought damages for injuries sustained by the plaintiff in consequence of the defendant’s alleged negligence and breach of warranty in the manufacture of a defective wooden stepladder. The action was commenced in the Essex Superior Court and transferred for trial to the District Court Department.

A finding for the plaintiff in the total amount of $13,311.00 was entered on April 29,1994, and notice…