Shantigar Foundation v. Bear Mountain Builders

The Shantigar Foundation appeals from a judgment of the Superior Court in favor of Bear Mountain Builders, after a jury found Shantigar sixty per cent negligent and Bear *132Mountain forty per cent negligent in the destruction by fire of a bam owned by Shantigar. Shantigar claims that the trial judge erroneously refused to permit the jury, when comparing liability pursuant to G. L. c. 231, § 85, to consider the negligence of a second tortfeasor with whom Shantigar had settled prior to trial. Shantigar also claims error in the admission of evidence concerning its decision not to install a…