Feliciano v. Andersen Corp.

The plaintiffs, Vicki Feliciano and her daughter Myriam, bring this action against the defendants for negligence, breach of warranty of merchantability, and violation of G.L.c. 93A. The defendants, Andersen Corp. (Andersen), J and C Adams (JC Adams), David A. Bennett, and the Metropolitan Boston Housing Partnership, Inc. (Metropolitan), move for summary judgment. For the reasons set forth below, the defendants’ motions for summary judgment are ALLOWED in part and DENIED in part.

BACKGROUND

On February 18, 1992, the four year-old plaintiff, Myriam Feliciano, fell out of an open second-story…