Muni-Tech, Inc. v. Henry

The plaintiff, Muni-Tech, Inc. (“Muni-Tech”), appeals the bench-trial judgment in favor of the defendant, Mark Henry (“Henry”), claiming that because Henry had stipulated at trial that Tanisha Phifer (“Phifer”) was driving his car with unrestricted permission when she struck and damaged Muni-Tech’s traffic signal pole, Henry should have been found liable for repair costs by operation of G.L.c. 231, §85A.1 We affirm the judgment and dismiss the appeal.

On October 24, 2004, Phifer struck and damaged Muni-Tech’s traffic signal and mast arm in Dorchester. At trial, Muni-Tech and Henry stipulated…