American International Insurance v. Ziabicki Import Co.

Wilkins, Douglas H., J.

Here, a personal jurisdiction defense, though pleaded in compliance with Mass.R.Civ.P. 12(b) and 12(h), has been waived by delay in bringing that defense forward, coupled with participation in discovery and motions regarding the merits. The multi-count complaint in this case alleges that the defendants Ziabicki Import Company, Inc. (“Ziabicki”) and Robert Seuffer GmbH & Co. KG (“Seuffer”) are liable for damage to a valuable painting that fell from a wall in David Croll’s (“Croll’j residence, when two allegedly defective wall-hanging nails snapped. The Plaintiff,…